The Cow Injury Lawyer wins cattle attack claim, securing compensation of £65,000 after liability had initially been denied.
Jasmine Moxey-Butler, Partner at Slee Blackwell and known for her specialist work as “The Cow Injury Lawyer”, has secured £65,000 in compensation for a walker who suffered significant physical and psychological injuries after being knocked down and trampled by cattle on a public footpath.
The cattle attack claim was far from straightforward. Liability was initially denied, meaning that Jasmine first had to investigate and challenge the Defendant’s position, including pursuing a court application to obtain relevant evidence.
Liability was subsequently admitted, but significant issues remained surrounding our client’s physical and psychological injuries, their longer-term consequences and the appropriate level of compensation.
After extensive medical evidence and negotiations, the claim ultimately settled for £65,000. Here are some further details of the case:
Walker trampled by cattle on a public footpath
Our client was walking her dog along a public footpath through farmland when she was knocked to the ground and trampled by cattle. The attack was sufficiently serious that she required treatment from Midlands Air Ambulance before being taken to hospital.
Medical evidence subsequently confirmed significant injuries to our client’s left knee and thigh, including a high-grade partial ACL tear, partial MCL tear, partial tear involving the medial gastrocnemius muscle and a thigh haematoma.
A Morel-Lavallée lesion was also identified, leaving a permanent cosmetic defect to her thigh.
The medical evidence further concluded that the trauma had accelerated degenerative changes within the knee.
However, our client’s physical injuries were only part of the case. The psychological consequences of the attack also proved significant.
The Defendant’s initial denial of liability
When the claim was first presented, the Defendant’s insurers denied liability. They maintained there had been no negligence, relied upon warning signage and alleged that our client had been aware of the cattle and had accepted the risk of entering the field.
Jasmine did not accept that the initial denial meant the claim should end. She maintained that the case had reasonable prospects of success and that further investigation was required.
When relevant evidence was not forthcoming, Jasmine pursued a court application for disclosure. The disclosed material included documents addressing cattle management and public access. Significantly, the farm’s own material recognised that the location in which cattle were placed needed to take account of factors including how busy a footpath was and the type of stock being put into the field.
Its risk-assessment material specifically distinguished between fields with no footpath, quiet footpaths and busy footpaths when considering cattle-related risks.
Liability was subsequently admitted. Jasmine commented,
“An initial denial of liability does not necessarily mean that a cattle injury claim should go no further. Our client’s case required us to investigate the circumstances carefully, pursue the evidence we needed and properly test the position being taken by the Defendant. Cattle attack claims can present quite unusual evidential issues. Understanding how the cattle were being managed, the location, public access and the available risk-assessment evidence can be crucial.”
Serious physical and psychological injuries
Once liability had been established, the focus moved to proving the full consequences of the attack.
Our client was diagnosed with Post-Traumatic Stress Disorder and experienced depressive symptoms together with severe phobic anxiety relating to cattle.
Years after the incident, she continued to experience symptoms associated with the attack.
This meant that properly assessing compensation required evidence not only about Our client’s knee and thigh injuries, but also about the psychological consequences of such a frightening experience.
Jasmine commented,
“Being attacked or trampled by cattle can be terrifying. These cases are not simply about physical injuries. Someone may recover from the immediate ligament or soft-tissue damage but remain profoundly affected by having believed that they or someone with them could be seriously injured or killed. That psychological impact needs to be investigated properly too.”
Building the medical evidence in a complex cattle attack claim
Specialist medical evidence was obtained in orthopaedics, radiology and psychiatry. The medical investigation considered:
- ligament damage within Our client’s knee;
- injury to the gastrocnemius muscle;
- the Morel-Lavallée lesion and permanent thigh defect;
- acceleration of degenerative changes within the knee;
- continuing physical symptoms;
- PTSD and cattle-related phobic anxiety;
- future psychological treatment; and
- Our client’s longer-term prognosis.
The financial consequences were also investigated, including loss of earnings, care and assistance and potential future treatment.
Although liability had been admitted, aspects of injury, medical causation, prognosis and financial loss remained disputed.
Why The Cow Injury Lawyer did not settle the claim too early
An important part of handling our client’s claim was ensuring that settlement was considered only once all the medical evidence had been obtained.
Further radiological and orthopaedic investigation became necessary as the case progressed. That mattered because settlement of a personal injury claim is ordinarily full and final. If a claim is resolved before the longer-term prognosis is properly understood, an injured person cannot simply return later for more compensation because their condition has proved worse than anticipated.
Jasmine said,
“In a serious cattle attack case, you need to understand the longer-term physical and psychological consequences before deciding whether an offer properly reflects what the injured person has been through. For me, the important thing was not being deterred by the original denial of liability and then not rushing settlement once liability had been resolved. The evidence needed to be developed properly.”
£65,000 cattle attack compensation recovered
Following negotiations, Jasmine secured £65,000 in compensation for her client in an out of court settlement.
It brought to an end a claim that had begun with a complete denial of liability and ultimately involved court proceedings, disclosure of key documents, and evidence across several specialist medical disciplines.
Jasmine said,
“I am delighted that Our client achieved a £65,000 settlement and can now bring the legal process to an end. She went through an extremely frightening incident and a long claims process, so achieving a conclusion that she was happy with was incredibly important.”
£2,950 also recovered for Midlands Air Ambulance
Our client’s claim produced another important result.
Following the attack, she required assistance from Midlands Air Ambulance and was transported to hospital by helicopter. As part of the claim, Jasmine recovered of the cost incurred by the Air Ambulance charity in responding to the incident.
£2,950, representing the helicopter mission cost, was paid to the charity.
Jasmine commented,
“Air ambulance charities provide an extraordinary service, particularly following serious incidents in rural locations. I was delighted that we were able not only to achieve a successful outcome for our client, but also to recover the helicopter mission cost for the charity. Where there is an opportunity in an appropriate case to return the cost of a mission to the charity, it is something I am very keen to explore.”
Jasmine’s client was very happy with the outcome of her cattle attack claim
Jasmine’s client was very happy with the out of court settlement that Jasmine negotiated.
Following conclusion of her claim, she left a five-star review praising Jasmine and the team.
She described the service as:
“open, transparent, honest, friendly and supportive from the outset” and said the team had “gone above and beyond”.
In response, Jasmine said,
“People often come to me after a cattle incident that has changed the way they feel about walking in the countryside. They may be dealing with significant injuries while trying to navigate a legal process they have never encountered before. My job is to take control of that process, explain things clearly and make sure the evidence properly reflects what they have been through.”
Do cattle attack claims need specialist legal expertise?
Yes. Cattle attack claims are highly complex. We specialise in Animal related cases, and Jasmine has developed a specialist practice representing people who have suffered serious injuries involving cattle and livestock, becoming an experienced practitioner in this field of law.
Known as The Cow Injury Lawyer, she acts in cattle injury claims including cases involving walkers using public footpaths and rights of way.
These cases can raise unusual legal and evidential issues involving the Animals Act 1971, livestock management, public access, animal behaviour, warning signs, risk assessments, medical causation and the responsibilities of those keeping cattle.
This case demonstrates why the right approach from the outset matters. It required work to overcome the initial liability denial, a court application to obtain key documents, analysis of cattle-management documentation and then detailed investigation of the physical, psychological and financial consequences of the attack.
Jasmine also works to raise awareness of cattle safety and has produced a free guide, “What To Do After A Cattle Attack”, containing practical information for people who have been injured or involved in a cattle incident.
Can I claim compensation after a cattle attack?
If you have been knocked down, trampled or otherwise injured by cattle, you may be entitled to receive compensation.
Every case depends upon its particular circumstances, which may include:
- where the incident occurred;
- whether a public footpath or right of way was involved;
- how the cattle were being kept or grazed;
- the type and behaviour of the cattle;
- what warnings were provided; and
- the events leading up to the incident.
Importantly, just because a farmer, landowner or insurer denies liability, it does not necessarily mean there is no viable claim.
Our client’s case demonstrates why the evidence needs to be considered carefully by an expert before reaching any conclusions.
Injured by cattle? Speak to The Cow Injury Lawyer
If you have been attacked, knocked down or trampled by cattle and are wondering who to instruct for a cattle injury claim, speak to Jasmine Moxey-Butler, Partner at Slee Blackwell and The Cow Injury Lawyer.
Jasmine acts in cattle and livestock injury claims and can assess what happened, identify the evidence that may be required and advise whether a compensation claim can be pursued.
To discuss your claim, call Jasmine on 0333 888 0404 for a free consultation or email [email protected]
