OF THE 15,000 practising veterinary surgeons in the UK, fewer than 150 work exclusively with dairy cattle and of those, fewer than a handful carry out regular expert witness work.
I am one of those 150 dairy practitioners and in the past year my expert witness workload has included personal injury cases, professional negligence claims against other veterinary surgeons, preliminary reports to decide whether litigation is appropriate or advisable, civil cases relating to poor installation of milking parlours and use of defective products leading to damage to stock, and one criminal case. Expert witness work certainly allows for a balanced workload.
Many solicitors struggle to find suitable experts in this niche market and at times seem to compromise on choice because of difficulties in finding the right person. I often find that my opposite number has no veterinary knowledge whatsoever, but is an agriculturalist or academic who can address many of the issues, but is unable to address veterinary or more specialised matters – which leads to more cost and time delays.
Agriculture has a high accident and death rate and results in a significant number of personal injury claims. Injuries can occur during milking and you need to understand fully the milking process, the behaviour of cattle and also how the equipment should be used.
The number of agricultural personal injury claims is on the increase and some of them are quite complicated matters involving stock, poor handling facilities and the different temperaments of breeds of cattle. There have also been some quite high-profile injuries, including David Dimbleby being knocked down by a bullock and receiving a head injury requiring an overnight stay in hospital.
That accident occurred while loading the animal on his smallholding.
The approach to health and safety on farms is often poor, with a reactionary approach by the owner – sometimes with unfortunate consequences. Stock handling equipment on farms can be old or poorly maintained, increasing risk further.
Professional negligence cases are not that common, but the scale of the claims can be very high if they affect the entire herd or some valuable animals. Some pedigree breeding stock can be sold for six figure sums, so if things go wrong farmers may decide that they want compensation.
Milking machines are the combine harvester of the dairy farmer and can cost well in excess of £100,000.
If the equipment has not been fitted correctly then there can be problems with milk quality, resulting in a reduced price paid by the milk buyer or an increase in clinical mastitis, both of which can have significant financial impacts.
So how should one choose an expert for dairy and cattle related problems?
I think that someone who is working day-to-day in the field is a necessity. Your credibility, should the case proceed to court, is much greater if you are a veterinary practitioner and an expert witness.
A few years ago I completed the Bond Solon Cardiff University Expert Witness Certificate and gained so much from it.
It has also allowed me to carry out a far more professional job and it really sharpened up my courtroom skills under cross examination, which has been invaluable in several cases.
Finally, I always want to see the Particulars of Claim and the rest of the papers before I agree to take on a case. If the case is outside my area of expertise, or I feel that an alternative expert would be better for the client, then I advise accordingly.
• Peter Edmondson is a vet with the Shepton Veterinary Group of Shepton Mallet, Somerset; tel 01749 341 761; e mail This email address is being protected from spambots. You need JavaScript enabled to view it..