A luxury safari lodge was to blame for a jogging accident during which a British tourist was trampled by an elephant and left for dead, a court ruled yesterday. Wendy Martin was severely gored and her pelvis crushed in the attack, which occurred as she took part in a three-mile bush run.

Il Ngwesi lodge, about 100 miles north of Nairobi and one of the most exclusive destinations in Kenya, had claimed that the runners were responsible for their decision to set out on foot in an area filled with wildlife. Owners of the lodge also claimed that attacks by wild animals were covered by the Wildlife Conservation Act, which held the Government responsible.

Mrs Martin, from Godalming, is pursuing an £800,000 civil action against the lodge, which, she said, would help to prevent other tourists from being attacked by wildlife.

“I just hope the case will send a very clear message to lodges that they must have procedures in place to ensure their guests’ safety,” she said.

Mrs Martin was staying with friends at Il Ngwesi during a holiday that was meant as a final farewell to the country after her husband had completed a posting with the British High Commission.

The lodge stands beside land owned by the Craigs, a prominent white Kenyan family whose daughter Jecca once dated Prince William.

The incident, which happened six years ago, took place when Mrs Martin, two friends and a guide set off on a three-mile bush run through the dusty scrub around the lodge. Halfway through the circuit, as they turned for home, an elephant charged from the undergrowth. Mrs Martin, then aged 39, tripped as she tried to flee. She was gored repeatedly by the elephant, which ended the attack by kneeling on her crumpled body, crushing her pelvis.

“I thought I was going to die and I was very lucky I didn’t.” She needed 13 operations but still suffers constant pain in her legs seven years later.

Lawyers for Ian Craig, who is executive director of Lewa Wildlife Conservancy — set up to manage his family’s land — argued that the runners were responsible for their own safety at that time. But Judge Mary Angawa, in a ruling delivered at the colonial-era courthouse in Nairobi, said that the lodge had advertised runs with Masai warriors as an attraction and therefore should have taken adequate measures to protect its guests. She said that Mr Craig, Il Ngwesi Company and Lewa Wildlife Conservancy were each 100 per cent liable.

Elephant attacks have become increasingly common in Kenya, where a growing human population is encroaching on migration routes. Most victims are Kenyan farmers trying to protect their crops.

Mr Craig said that he was concerned that the judgment would damage conservation efforts and that he would consult his lawyers on making an appeal: “This has not been thought through and the potential implications are chilling.”

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