Yorkshire farmer fined by court after dog walker, 55, had to have her colon removed when she was trampled by his cows

Martin Falshaw, 70, was prosecuted by the Health and Safety Executive after Janicke Tvedt, then 55, was left with horrific injuries following the attack on a public right of way near Masham in July 2021.

Falshaw, of Shaw Farms in Swinton, near Ripon, pleaded guilty to failing to discharge his health and safety duties and appeared at York Magistrates Court on February 14 for sentence.

Former Army officer Ms Tvedt and her partner were walking her labrador, Goose, on a lead when the incident happened, and she had to have her colon removed following the terrifying ordeal on a farm near her home where she often used the footpath. She even called her two children from hospital to say goodbye, fearing she would not survive.

She suffered seven broken ribs and had hoof marks on her chest and legs. The herd was around 15 in number, and as they became more agitated, she was pushed to the ground and viciously stamped on by the cows. Her dog was also kicked and appeared to be the source of the cattle’s distress, as there were calves present.

She managed to escape by climbing a tree and was airlifted from the scene by the Yorkshire Air Ambulance. Her partner had to run through the field to reach Masham Golf Club, where a golfer was able to call 999.

Ms Tvedt had been diagnosed with cancer before the incident and her treatment had to be postponed as she was not well enough for surgery.

The HSE’s lawyer said it was ‘well known’ that keeping cows with calves in fields that had public access could be hazardous, and that measures that land managers should consider include fencing off a footpath, checking the cattle regularly to assess their behaviour, displaying appropriate signage and offering alternative routes for walkers.

He added: “The steps Mr Falshaw took were inadequate. It would have been practicable to graze the herd in a field without public access and provide appropriate fencing and signage.”

The court was also told that around 10 years earlier, a ‘trespasser’ with a dog had been chased by a cow on another part of the farm with no right of way, though the field where Ms Tvedt was injured had been used for grazing for 25 years without incident.

The HSE argued that this earlier incident should have given Mr Falshaw cause to consider the measures he should put in place, but no action was taken.

Since the 2021 attack, permanent fencing has been erected in the field and signage has been improved.

Mr Falshaw’s defence counsel said the farmer, a ‘highly experienced’ stockman, had been left ‘upset and alarmed’ by the incident and he offered sincere apologies to Ms Tvedt.

He added that the cattle were checked daily in the field, and that it was accepted the signs displayed merely advised walkers to keep dogs on leads rather than warning them of the presence of cows with calves. The herd was said to be ‘generally placid’ and has since been reduced in size, with Mr Falshaw accepting that the livestock should have been separated from walkers by fencing and that he ‘could have done more’ to reduce the risk of harm.

The court was told Mr Falshaw had no previous convictions and was a man of good character with a good safety record.

District Judge Adrian Lower fined the farmer, who earns around £230 per week, £770 and ordered him to pay the prosecution’s court costs of £4,539.

Ms Tvedt has also accepted a compensation settlement from Mr Falshaw’s insurers.

In 2020, three men were killed in cattle trampling incidents in Yorkshire during a period when there were higher numbers of people walking in the countryside due to pandemic restrictions.

Inquests later found that retired teacher David Tinniswood, who died near Ribblehead Viaduct, and Richmond School deputy head Dave Clark were both walking dogs at the time they were attacked. Mr Tinniswood’s wife was also seriously injured.

Michael Holmes, a telecomms worker, was followed and trampled by a herd near his home in Netherton, near Wakefield, while walking his daughter’s dogs with his wife, who was paralysed and left in a wheelchair.

The HSE also successfully prosecuted Dales farmer Christopher Sharpe in relation to Mr Tinniswood’s death, as his family had been given a formal warning about a previous incident involving their cattle. He was given a 12-week suspended prison sentence.