Devon farmer fined after dog walker 'attacked' by cows on public footpath

"I just want to make other people aware of the risks when out enjoying popular footpaths such as this one"

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Patrick Atherton said he felt 'powerless' after being attacked by cows in Devon (HSE)
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Patrick Atherton said he felt 'powerless' after being attacked by cows in Devon (HSE)

A farmer has been prosecuted and fined after a dog walker sustained injuries after being attacked by cows on a public footpath in Devon.

John Hallett, of Birdcage Farm in Ottery St Mary, pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc Act 1974 at Exeter Magistrates' Court earlier this year after an incident in Devon.

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Patrick Atherton, a retired chartered surveyor originally from the Wirrall, had been dropped off at Birdcage Farm by his wife in June 2022 to take his 13-year-old border collie, Lad, for a walk on a public footpath.

Mr Atherton said several cows with young calves were on the public footpath at the time of the incident.

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"It was ironic," the retired chartered surveyor added.

"For the first time, I had kept Lad on his lead as I had noticed two young calves in the field and thought if he was walking by my side, they would not really notice.

"Unfortunately, one black cow did and it charged at us, knocking me down by the hedge which bordered the path.

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"I tried to stand up and let Lad off his lead but they kept on knocking me over.

"There were about seven cows involved, but it was the very aggressive black cow which was trying to kill my dog.

The retired chartered surveyor said he 'feared for his life' during the incident (HSE)

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"I thought we were going to die."

Mr Atherton said the ‘ordeal' ended once the cattle eventually moved away from them and ran back to the farm.

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"I had been powerless to do anything," he added.

"We were both surrounded by cattle.

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"I could hear Lad shrieking in pain as he was repeatedly kicked and stamped on.

"He was never the same dog after what happened and he sadly passed away in September this year.

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"I just want to make other people aware of the risks when out enjoying popular footpaths such as this one."

The dog walker said he ‘escaped' with cuts and bruises following the attack, while Lad had been badly injured which required veterinary medication for the remainder of his life.

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An investigation had been launched by the Health and Safety Executive (HSE) after the incident which found cattle with young calves, which are known to be protective and unpredictable, were being kept in a field with a public right of way across it.

HSE inspector Simon Jones said public knowledge and concern is ‘increasing about how dangerous cattle can be'.

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"It is fortunate the injuries sustained by Mr Atherton were not life threatening," Mr Jones added.

"However, given the nature of the attack, the end result could have been far worse.

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"Public knowledge - and concern - is increasing about how dangerous cattle can be.

"On this occasion Mr Atherton took the right precautions and HSE has taken action against the farmer in question.

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"Cattle are extremely protective of their calves and even calm cattle can become aggressive if they think the calves may, in any way, be threatened, even by members of the public walking past.

"Farmers should not place cattle with calves in fields where members of the public have a legal right to walk.

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"Had Mr Hallett followed this simple rule, this incident could have been prevented."

Mr Hallet was fined £2,000 and ordered to pay costs of £4,500.

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