Mr S was walking his Dalmatian on a farm in Dunstable. He was walking on a public footpath he regularly uses to walk his dog and explained it was a nice clear day, and very warm.
Our client was walking across the footpath with his pet dog, which was on its lead, when he noticed a heard of cows nearby, which were clearly agitated by his presence. Mr S felt the cows were particularly sensitive to his presence because they were with their calves.
The cows proceeded to attack Mr S, head-butting, trampling on and buffeting him. Mr S managed to let go of the lead so that his dog could escape and eventually managed to get to his feet but was then charged at and head-butted over a nearby fence before he managed to escape.
Accidents involving cattle account for the highest number of fatalities on farms.
C was taken to Luton and Dunstaple hospital, where he had three stitches to his left calf. His face was swollen and infected and as such he was prescribed anti-biotics. In addition, his chest was deeply bruised, and he had a swollen right knee.
While these injuries all recovered within a couple of weeks, Mr S continued to suffer with blurred vision in both eyes for 3 months. He also experienced severe pain in his right shoulder.
Despite his injuries Mr S did manage to carry on working, but he was only able to undertake lighter duties at work for 3 weeks after the accident.
How We Helped
Neil submitted a letter of claim to the farmers on the basis that they were negligent and in breach of the Occupiers Liability Act 1957. This was because the farmers had failed to fence the field adequately in order to segregate the cows from the users of the footpath, thus posing a risk to members of the public who were using the footpath.
The public liability insurers of the farmer admitted liability for the accident. We then asked them to arrange physiotherapy treatment for the client's right shoulder symptoms, which they agreed to do.
Following the physiotherapy treatment, Mr S's right shoulder symptoms fully recovered within 9 months of the accident. Neil agreed a settlement with the farmer's public liability insurers of £4000 in damages, which Mr S has now received.
"I would like to say a big thankyou to you and the larger Co-op. As I have found out in the past, not all insurance companies work to the outstanding standards of the Co-op." L.S., Bedfordshire
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