Farming brothers fined for failing to protect public from cattle

North Yorkshire farming brothers Andrew and David Turnbull have been sentenced for failing to protect members of the public from their cattle, which resulted in the death of 59-year-old David Clark.

The Health and Safety Executive (HSE) prosecuted the brothers, who farm at Low Gingerfield Farm, Richmond, after an investigation revealed they failed to offer and display signs of an alternative route to a public right of way in their field in the Coalsgarth Valley.

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Former teacher David Clark was killed on their land by a herd of cows while crossing the right of way on 21 September 2020.

He was out running with his dog when he was surrounded by a number of cows and then struck to the ground.

Witnesses reported that one of the cows turned back and ran towards Mr Clark, causing a fatal blow to his chest.

The father-of-three was pronounced dead at the scene by paramedics.

Both brothers pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974 and were sentenced at Teesside Crown Court on Monday 3 March 2025.

Andrew Turnbull, 57, was fined £1,589 and ordered to pay £1,500 in costs.

David Turnbull, 61, was fined £1,390 and ordered to pay £1,500 in costs.

HSE inspector Elliot Archer said: “Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle.”

Mr Archer added that farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.

Some of the precautions to minimise the risk to the public, recommended by the HSE, include keeping cattle in fields that don’t have public access, especially when cattle are calving or have calves at foot, and ensuring paths are clearly marked so that users do not enter fields without public access.

Guidance on the control measures that farmers must adhere to when considering putting cattle in fields with public access can be found on the HSE’s website for England and Wales and for Scotland.