Irwin Mitchell’s serious injury experts have secured an out of court settlement on behalf of a widow whose husband was tragically killed by farm cattle.
Our client's husband had been out walking his dogs on a designated right of way, which crossed a field in which cattle were being kept.
After he failed to return from his walk, a search was mounted and he was found unconscious in the field, with multiple injuries indicative of trampling.
Sadly, he never regained consciousness and died some weeks later.
An inquest into the death was inconclusive and an open verdict was given. His widow instructed Irwin Mitchell to pursue a claim for damages against the farm owner.
Stephen Nye, Partner in our Birmingham office, handled the case.
He said: "The deceased was doing nothing untoward and was walking along a well established right of way. Problems arose because cattle were being kept in the field together with recently born calves.
“It is well known that cows can exhibit a very strong maternal instinct for several months after giving birth and that they can present dangers to farm workers and walkers at this time. It seems that on this occasion they had reacted aggressively to the deceased.
“Clear guidance has been issued by both the National Farmers Union and the Health and Safety Executive as to the risks posed by cattle in these circumstances and the simple steps that can be taken by farmers and landowners to minimise any risks. Had such guidance been followed in this instance, it is likely that this tragedy could have been avoided.
“This was a hard fought case, but the substantial settlement will provide much needed financial security for the widow following the loss of her husband.”
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