The High Court has held two defendants jointly and severally responsible for a worker’s serious arm injury during a cattle-loading operation at a farm in Ballineen, County Cork. It apportioned responsibility 80% to the worker’s employer and 20% to the farmer who controlled the operation.
In a judgment delivered on 26 May 2022, Ms Justice Butler found that the plaintiff was asked by the farmer to stand between a trailer and a gate while a cow was being loaded and a heifer released into a field. The cow moved towards him and his lower arm was crushed between the animal and the gate, causing a displaced fracture to his right elbow.
The plaintiff, who was 28 at the time, had little or no relevant experience handling livestock and received no training or instruction from his employer. The employer did not attend the hearing and no evidence was offered on his behalf. The judge found that he bore primary responsibility for failing to ensure the plaintiff’s safety.
The farmer disputed the plaintiff’s account and denied telling him to stand near the gate. The judge considered conflicting testimony and engineering evidence, then accepted the plaintiff’s account as more likely. She found that the farmer had taken charge of the cattle movement and had directed the plaintiff to stand in the gap. She also found the injury resulted from the cow crushing his arm against the gate, rather than from him putting his hand through it.
The plaintiff argued that the farmer owed him duties under sections 12 or 15 of the Safety, Health and Welfare at Work Act 2005. The court found neither provision applied on the evidence: there was no evidence the farmer was an employer for section 12, and section 15 did not govern the cattle-moving system at issue. The judge instead found the farmer had breached a common-law duty of care. The employer’s primary responsibility and presence at the farm did not remove the farmer’s liability for the operation he controlled.
The court rejected the farmer’s contributory-negligence case. It found the plaintiff had been directed to the dangerous position and had tried to get out of the cow’s way; simply being in the wrong place at the wrong time did not amount to improper conduct.
The injury left the plaintiff with continuing pain, stiffness and restricted forearm movement, with no further recovery expected. The court awarded €35,000 for pain and suffering to date and €50,000 for future pain and suffering, totalling €85,000 in general damages. It said it would hear the parties on any special damages claimed; those were not determined in this judgment.