Wildlife park sued after tourist gored by elephant
ROB CRILLY

A BRITISH woman who was gored by an elephant during a luxury safari is to sue one of Kenya's most exclusive wilderness hideaways for failing to warn her about the danger from wild animals.

Wendy Martin, now 47, was left for dead after an early morning "bush run" in June 2000. She was staying at Il Ngwesi lodge set amid the 22,000 acres of Lewa Wildlife Conservancy, where Prince William has been a frequent visitor.

"I love Kenya, I loved living there. But if these places are taking a lot of money from tourists, then they owe a duty of care to these visitors," she said from her home in Surrey yesterday. Mrs Martin lived in Kenya for four years while her husband worked at the British High Commission. It has taken this long for the case to make its way through Kenya's judicial system.

Yesterday, Mrs Martin recounted how she and two friends went for an early- morning bush run with an experienced guide. But as they neared the end of the run, their guide held up his hand.

A gentle rustling in bushes gave way to the trumpeting of an angry elephant. The group scattered, and Mrs Martin tripped as she tried to avoid the charging mother trying to protect its calf. "I was rolled over and over, and ploughed through the bush," she said.

"I was skewered on the tusks. One went through my back taking out a kidney, my intestines were forced out and my right leg was skewered." The elephant then knelt on Mrs Martin, crushing her pelvis. "I'm lucky to be alive."

Yesterday a lawyer for Ian Craig, the director of the resort, said Mrs Martin had to take responsibility for her decision to go out on foot. "She knew this was a wildlife zone and indicated in her evidence that they went for a wilderness experience," said Stephen Mwenesi.

This article: http://news.scotsman.com/international.cfm?id=204922007

Last updated: 08-Feb-07 00:08 GMT

quote:

is to sue one of Kenya's most exclusive wilderness hideaways for failing to warn her about the danger from wild animals

Right. What she is really complaining about is the danger that arises from being a klutz or the slowest one in the group.

Fire is hot. Ice is cold. And wild is wild.

quote:

indicated in her evidence that they went for a wilderness experience

She certainly received what she went for. Heck, most folks don't ever get close to that much wilderness. The lodge should have charged her extra for that.

Some people are born elephants, some have elephants thrust upon them.

Can you imagine anyone living in Kenya for 4 years and not knowing elephants are dangerous? Maybe she gets all her wildlife info from the Disney studios.

465H&H

quote:

Originally posted by Collins:
Some people are born elephants, some have elephants thrust upon them.

That was too funny...

This woman, like so many plaintiffs these days - and their lawyers, BTW - is a damned disgrace to humanity. Or an idiot. Or both.

quote:

Originally posted by Jim Manion:

Fire is hot. Ice is cold. And wild is wild.

Maybe the guide was unarmed (or using softs!).

I say if she want to sue, let her sue the elephant.

quote:

Originally posted by 465H&H:
Can you imagine anyone living in Kenya for 4 years and not knowing elephants are dangerous? Maybe she gets all her wildlife info from the Disney studios.

465H&H

I thought the one's wearing the purple tutu's were fine.

The guide was probably not armed (seeing how this happened in Kenya) and bolted leaving his charge to survive, or not, on her own.

That is what is wrong with this event.

Now if the guide got reemed with her... then this was an act of god. But since they abandoned her, this is bad manners or negligence of the the highest order.

When you walk amount dangerous animals with out a powerful rifle you get what you deserve.

When a young man saw a picture of me and a dead elephant in my office this afternoon, he asked me why would one want to shoot an elephant since they "just stand there". This was a college educated 29 year old man who enjoys hunting deer. I lent him a bit of Buzz's video. He now wants to go hunt elephant.

I really believe that he thought elephants were like "Dumbo".... but the woman who had lived in Kenya for four years, that is just plain impossible to believe, unless she is so brainwashed that animals have emotions, values, character, etc., and she just refused to believe that animals kill each other for a living.

quote:

Originally posted by JohnHunt:
The guide was probably not armed (seeing how this happened in Kenya) and bolted leaving his charge to survive, or not, on her own.

That is what is wrong with this event.

Now if the guide got reemed with her... then this was an act of god. But since they abandoned her, this is bad manners or negligence of the the highest order.

What? He should have run over to the elephant and kicked it in the shins while saying bad words?

If they don't let you carry a gun to protect yourself then they damn well better give one to there professional guide. If they don't do that and he bolts at the first sign of trouble, then they are not taking care of there clients.

You send clients out into the bush with a professional guide (and employee). The presumption of most people is that that guide will keep you alive or die trying. Not exhibit dicky bird syndrome.

Quote: You send clients out into the bush with a professional guide (and employee). The presumption of most people is that that guide will keep you alive or die trying. Not exhibit dicky bird syndrome.


BullSh#t

A sad commentary. Lawyers will be the ruination of our society. No one takes personal responsibility anymore.

Ok, what of this scenario.

You and your wife go to Africa for a safari. You are hunting, she isn't. You go out with the PH while your wife goes to watch wildlife at a local watering hole with a guide.

Animal attacks (your choice), guide runs, your wife dies.

This isn't an animal attacking you, a well armed and prepared hunter, but rather a spectator.

Your (well maybe not) but at least my presumption of the guide is that they would stop the charge... not run. Running is cowardly. Running is not fulfilling the moral contract the professional has with the unarmed client to keep them safe. Regardless of whether the guide is armed.

Hmmm, sounds like the lady up in Breckenridge, CO, who wanted the Dept of Wildlife to keep the elk penned up because they were ruining her lawn and eating her rose bushes.

Imagine this sign at every pedestrian crossing in London !

"Beware crossing the street, you as a person are taking a risk we cannot control the traffic and you might get hit by a moving vehicle. Cross the street at own risk. We will not be held liable for any injury or loss"

Comes down to the same idea. Around every tree in Kenya a sign that says beware the elephants.

Sure lets extend the analogy...

Your London Nanny takes your daughter out for a walk, while crossing a street she sees a car coming, and fast (or maybe a pack of dogs).

What are your expectations of her? Does she have any sort of responsibility to get your daughter to safety?

On the face of it the lawsuit is frivilous and typical of the plastic monkey "modern man".

However who knows what all the facts are?

Perhaps the guide was unarmed? If he was armed why did he not try to brain the elephant?

Are the guides even allowed to be armed in Kenyan parks, and what is the policy for killing animals in dangerous situations?

Perhaps the guide took off running without warning the clients ie tried to save his own skin without due consideration (or any consideration) of client safety?

Perhaps they left the women for an unreasonable amount of time before returning to look for her?

I am not impressed by a lot of the "pseudo" guides and rangers in Kenya. The rangers in Ambroselli were drunk every night, but at least they were armed appropriately and did drive off elephants at night. Many of them seem to have next to no training.

We are spoilt by the high professional standards of Zimbabwean PHs, and also many PHs in other East Africa and Southern Africa countries.

***

The statement the woman said she had not been warned that elephants are dangerous however really sets the tone of the article ie "plastic monkeys in concrete jungles" should not venture out into the real world.

quote:

Originally posted by JohnHunt:
The guide was probably not armed (seeing how this happened in Kenya) and bolted leaving his charge to survive, or not, on her own.

That is what is wrong with this event.

Now if the guide got reemed with her... then this was an act of god. But since they abandoned her, this is bad manners or negligence of the the highest order.

There is one in every crowd. Sounds to me like you and this lady would make a good couple.
If he was unarmed what do you expect him to do stand there and say to the elephant good boy. Go to the store and buy a brain will you because obviously yours is defective.

i think the elephant should be fired for not making sure this idiot was taken out of the gene pool!!!

quote:

Originally posted by degoins:
i think the elephant should be fired for not making sure this idiot was taken out of the gene pool!!!

My reading of Kathi's post is -not that the woman had lived in Kenya for 4 years when this incident occurred - but that it has taken 4 years for the lawsuit itself to work its way up the system. Frankly, someone who is unarmed and who is led, on foot, by an unarmed "guide" should reasonably be able to assume that no particular danger is involved. Let's remember there have been generations now of so called "Nature films" that never mention that elephants might stomp on people or that lions sometimes actually will attack humans! This woman may have been conditioned to think she was to be a spectator at an open air zoo -where the animals would always ignore her presence. (OK, I'll also say that these fancy "Lodges" for tourists should spring for the services of an experienced armed PH. Maybe this lawsuit will encourage them to do so -particularly if the lodge loses and is hit with a big damages award. Just the sight of an armed PH will remind tourists that they are not at a zoo but on the turf of potentially dangerous animals - and, in turn, might make them less judgmental about hunters. Now that would be a real dividend from this lawsuit!

the only thing this assinine lawsuit will encourage is more lawsuits. that twit and all of them like her and her scumbag lawyer and any judge that would side for such crap ought to be burned alive.

I think the following link sums up the situation pretty well:

http://www.torinfo.com/justforlaughs/coyote_v_acme.html

Great. Stupid person doesn't know what she's doing, guide doesn't either, and, you sneak up on mother ele, and, she protects her baby.

Hope the animal doesn't pay for these idiots stupidity.

As for the lawsuit: the game resort, under common law, does have an obligation to keep paying customers safe, regardless of the situation. An angry mother ele in Kenya, in an area that is famous for elephants and wildlife, is pretty forseeable.

I'm sure that that ladies medical bills are in the millions, if she doesn't have insurance.

I see no problem with a company that makes millions having to pay her bills, when they screw up protecting her.

I would say that at a certain point, the guest has to assume the risk, if the actvity is inherently dangerous, and, one could certainly make a case for running in an African game reserve as such an activity.

With better facts, this one could go either way.

Never trust news reports for facts, and, waste energy making judgments about situations reported in newspapers.

S

Now this is going to become a can of worms!!!!! In nations that have become too libral.. ,, The RIGHT { in alienable , God given , RIGHT ] to self defense , is NOT ..................... ,,, Something that really frustrates me on these forums is the apparant divedeing line between the sport hunter and his economic value and the indeginous African who is suffering from elephants in his corn patch or lions in his goat pasture. As an Alaskan and a Bush Alaskan at that and an American.... I think it Totally Evil for ANY government ,or elitist group ,,,,to deny any one their Rights to defend themselves...........To the degree the need is, for sartey ., health and prosperity ,and self determination.................The average modern imbicil who promotes {saveing the animals ]] should have to be UNARMED but made to stay in close proximity to wild dangerous animals with nothing but their wits and fleet , or not , feet for protection ......The fact she was in Kenya and in close proximity to wild animals means she is fair game .... Only if the guide was derilict in his duty should he be tied to the ground and have a small herd of elephants stampeeded over him ... Did he even have a rifle with him ...... I believe that an individule,s rights are more important than game management .....

When elephant Rights cross weaponless people Rights, bet on elephant.

I think I have heard this story before. Was she holding an extremely hot cup of McDonald's coffee when she was attacked?

Lawsuits (even riduculous ones) exists so that facts can be presented in a hopefully unbiased manner for judgement. Everyone is entitled to their own opinions about them.

But if I understand some posters on this thread correctly, they are saying that it's fine to abandon a woman who seems to have very little outdoor experience while she is being attacked by an elephant?

And just what does an unarmed man do against an elephant--What the fuck would you do?

YES.

I mean that if the lady wanted the DG experience she was responsible for her own health. So YES, if the elephant gets her it is her own fault.

If I get eaten by whatever in Africa this year hunting it is my own fault for going and I hope everyone gets a giggle out of it. If you want to hunt in complete safety there are lots of penned hunts around for animals that are pretty tame. If the gal wanted to run in complete safety she should have done her jogging in a gymnasium.

Josh

NitroX
"Plastic monkeys in concrete jungles," what a great metaphor. I will remember this one. I don't know how the laws might work in Kenya or the Common Wealth, but the lodge is going to pay. End of story, unless guests and clients signed a release. Don't all of us as hunters sign a release that our pursuits are dangerous?
It is a private reserve, correct?
Stupid is as stupid does, but you can bet your ass if the lodge survives this little fiasco financially, there will be disclaimers in triplicate from now on.

Wait until somebody gets the bright idea to sue the US NPS when they get et by a griz, gored by a moose, swan dive off a waterfall, blah, blah, blah, blah. Holy Crap!!

NPS doesn't provide guides. The guides are provided in Kenya specifically because it is dangerous out there.

If NPS provided a guide to go with you because a trail was dangerous (wild squirrels or hungry grizzly) and they bolted at the first sign of danger... well I think a reasonable person would say they aren't doing there job.

They aren't there to prove how fast they can run when the shit hits the fan.

Please understand that if I was hurt or any of you while on a hunting trip. When we are in the field with firearms. Then that is the way it goes. In fact since we have firearms it is incumbent upon us not to bolt and to hold ground to protect the guides and trackers that aren't so equipped.

What the F???

quote:

Originally posted by yellowstone:
NitroX
"Plastic monkeys in concrete jungles," what a great metaphor. I will remember this one.

An original one by me!


***

I bet you Prince William on game walks had an armed guide.

As for people not understanding elephants are dangerous. I stayed at the camp ground at Ambroselli for three nights. On one day while setting up camp, a herd of elephants walked into the unfenced camp grounds. A crowd of tourists several hundreds ran towards them, saying "look at the elephants". I looked too, but stayed well back. The black staff ran after them yelling "keep back, elephants are dangerous". They were ignored.

We had elephants come into our camp right among the tents every night. My head when sleeping was less than a metre from their feet. I heard them walk past. This was the only camp where the black staff slept in the truck or bus, and not in a tent like everywhere else. We had lions at another camp, but they were happy to sleep in tents there. I answered a call of nature one morning and heard a noise on the other side of a bush. An elephant had its trunk over the bush testing the air. Luckily I was standing up so retreated away. I can readily see how tourists get killed in bunny hugger modern Kenya.

Of course none of us were armed at Ambroselli.

Actually John I'm not sure where you're going with that. There are guides, both private and public, AKA park naturalists. I've never seen one run, and I have never had to sign a waiver either. I believe in taking responsibilty for my sojourns in the wilds.