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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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There is no way a lodge can protect stupid people who think they are smart.
Bill Scott, Sand Springs , OK
I find it saddening, that the legal system allows persons to claim no responsibility for their own actions. Surely Wendy was aware that the Kenyan Wildlife is "wild" and at risk - she lived there! Surely, the Massai who run the Lodge tried their best to warn her of the increased danger due to the proximity of the elephant. I've been going to Lewa since 1991 and il Ngwesi since 1999 and both have always ensured my safety is of utmost importance. I think what is left out from this story is her consistent and intimidating demanding that she be allowed to take risks against the advice of the guides. The Masaii saved her life, neither they nor the adjacent Lewa should be held responsible for her irrational decision.
Herbie Pearthree, Cary, North Carolina, USA
Humans have forgotten that wildlife are wild. I find it very sad that there are so many outsiders to this environment who seem to have so little respect and so much arrogance. Accidents do happen, it is not always that only one party carries the whole blaim.
Liisa, Dar es Salaam, Tanzania
The operators of these camps enjoy the high income from western tourists but hide behind a conservation theme when something goes badly wrong. The Lewa annual report shows a 38% rise in last years population of elephants in their area.The way to avoid the many accidents waiting to happen in the future is to tell the tourist clearly all the risks and structure their visits to minimize risk.The callous attitude of Craig a self confessed big white hunter of old to his responsibilities as managing director of an exclusive tourist lodge is really chilling. Good luck to Wendy Martin in taking on the all powerfull white boss of northen kenya using kenyan law to bring this awful event to world attention and hopefully save future lives.
Hamilton, Kingston, United Kingdom
Craig at a recent wild life lecture referred to himself as a big white hunter of the old school.As Managing Director now of a tourist lodge he must surely recognise that high paying tourist whose money he happily takes are indeed owed A DUTY OF CARE when they are in his world.The last annual report of LEWA showed a 38%rise in one year of the elephant population in this area. Mrs Martin survived against the odds but how many more disasters have to occur before those involved take meaningful action.Her courage in publizing these painfull events must make us all more aware of the key issues raised.
Hamilton kent, Kingston, United Kingdom
I cannot believe that Wendy Martin, who should have known better after living in the country for four years, and having visited Il Ngwesi before, went out for a jog as if it was her given right. Did she really think that Il Ngwesi was put there for people like her to enjoy the "remote experience", when it had in fact taken years of tact, education and trust, to get the local community to let the game thrive in the area once more, and to build a lodge there to show guests who they shared their land with and through this game, to bring in much needed funds for community projects. Did she really think they should have "warned" her that elephant were in the area. Surely that is what they went there to see in the first place. All this ruling can do is damage all the hard work put in by the people that have given a lifetime commitment to the wildlife of Africa. I agree with Annie in Glos. Which Kenya conservation foundation is her huge payout going to be donated to?
Fran, Dorset, England
I cannot believe that Wendy Martin, who should have known better after living in the country for four years, and having visited Il Ngwesi before, went out for a jog as if it was her given right. Did she really think that Il Ngwesi was put there for people like her to enjoy the "remote experience", when it had in fact taken years of tact, education and trust, to get the local community to let the game thrive in the area once more, and to build a lodge there to show guests who they shared their land with and through this game, to bring in much needed funds for community projects. Did she really think they should have "warned" her that elephant were in the area. Surely that is what they went there to see in the first place. All this ruling can do is damage all the hard work put in by the people that have given a lifetime commitment to the wildlife of Africa. I agree with Annie in Glos. Which Kenya conservation foundation is her huge payout going to be donated to? Be happy. Your'e alive
Fran, Dorset, England
What happened to Wendy Martin is terrible but how very sad to consequently pursue £800,000 of honest and essential money which Ian Craig and many others aim at the much in need local community - it's deprived people, it's beautiful surroundings and it's much endangered wildlife.
Tom, London,
I find it incomprehensible that Wendy Martin could even consider suing Ian Craig and Lewa. It was regrettable what happened to her but if it wasn't for the fact that they responded swiftly and subsequently flew her to Nairobi, she would have died. It is unfortunate that she has sought to place blame rather than being grateful for the fact that she is alive, for which she should consider herself very lucky.
James Meade, London, UK
What seems to have been overlooked so much in this case is the long term effect and damage that this ruling will have on the tourist industry in africa. Il Ngwesi is one of very few and new local community-initiated lodges that are the future in maintaining the balance between protecting wildlife and the growing population. By encouraging local people to see the value in wildlife for tourism and therefore protect them and not poach them,it is creating a reason for the peple to tolerate and keep them,bringing in much needed money to their community. Whilst i am sorry that mrs martin was badly injured, she is not a tourist and so knew the risks of running in the bush,something not even the wild animals do unless they are being chased,for fear of becoming prey. This ruling will seriously cripple not only Il Ngwesi,but all local communities trying to survive and could easily lead to wildlife becoming fair game as they become more valuable dead. With rights comes responsibility mrs martin.
Bill, Norfolk,
.......... Those funds could provide conservation strategies for a vast number of animals and help not only preserve them but also help the communities and wild life to work/live together in harmony. Horrendous accidents do happen, in all walks of life, and it is ridiculous that someone of Ms Martin's knowledge does not recognise this for what it was, an horrendous accident. Everything that could be done, was done to help her, and suing will have a seriously detrimental effect all the amazing work people like Mr Craig are doing in Africa. Africa's wildlife needs to be saved and this money could/should/would be used to continue to do that.
Lara, London,
Ms Martin was a lady who new the risks of Africa, and it is about time people start taking responsibility for their own actions and not trying to blame everyone else and become apart of this compensation culture that is so prevalent in the 21st century. If you are going for a run in the bush you need to be aware that there are wild, unpredictable animals living there, you are encroaching on their territory and whilst precautions are taken they are not 100% fallible. I could not agree more with George Mackenzie. What will this mean for the future of game drives and bush walks? Are we going to have sign long, convoluted forms every time we step outside our camp sites, are these now going to have to be fenced in? This could spell the end for a whole area of tourism that Africa relies so heavily on for its survival. And how, in a country desperately in need of funds, can things expect to improve when people like Ms Martin sue for prohibitive sums..........
Lara, London,
How can you be so demeaning to such an amazing woman? The elephant put its' tusks through her, and then sat on her, yet she is still alive. The camp she was staying at advertised this as a fun thing to do. She had been living in Africa and was well aware of the risks but was assured it would be safe. Where was the guardian when she was being attacked? She happens to be very intelligent so don't you dare call her stupid and careless. No matter what you say she doesn't care about the money, she wants to make sure this doesn't happen again. She has 3 children and a husband and they could have been without a mother and wife. She doesn't want this to be repeated again. She is an inspiration so maybe you should all think about what you are saying when you don't know the full facts. Maybe you should read this http://www.wendymartin.info/attack.htm
Miranda, London,
I agree with the other comments, humans have pushed wildlife to the breaking point. When will some people get it that they just dont have the right to have everything.So many have not yet figured out that we cant do that to people either. Im afraid animals and humans are going to continue to suffer because of this ignorance, and everyone else will have to pay.While I feel sorry she was hurt, at some point we all have to take responsibility for our own stupidity. I wonder what happened to the elephant.
Tina Darling, Santa Cruz, California
Given that Martin was in a position in which the reasonable person would have been aware of the inherent risks of her activities, she should have been deemed to have assumed responsibility for her actions. She was not, as the article claims, a 'British tourist', but an expatriate who had lived in Kenya for years. During this period, she had been on safari on numerous occasions.
Additionally, the Conservancy took all reasonable precautions to protect their guests; in line with the industry standard, a guard was provided. When Martin tripped up during the attack, the guard who was jogging with them attempted to divert the elephant's attention away from her at the risk of considerable personal injury.
In making the decision to go for a run in circumstances in which she should have been aware of the risks, and in which the Lodge provided adequate industry standard protection, Martin indemnified the Lodge, and should not have been awarded any compensation.
George, Oxford, Oxon.
The only things which run in Africa are either hunting or being hunted. Therefore, what was the Elephant supposed to think. I've lived out in South Africa and no matter how many times I went into the bush, I always treated it with the respect due. The article leaves out many points of interest: did the guide have a gun to protect the runner? was this run done every day so the wildlife could get use to the idea, or just say monthly when the wildlife are not going to get use to it? was the Elephant in heat, if so no-one should have been out there on foot as I've seen first hand how unpredictable these animals can be.
Jenny Swainston, Faringdon, Oxon, UK
I disagree with Mr Owen's assertion that 'No tourist should go jogging where there are lions, elephants or buffalo'. Of course there are inherent risks in doing so, but it would be a shame if, as I have previously argued, Africa became somewhere that could be 'seen but not touched'.
There should be an option; tourists should be placed in a position in which they can make a free, deliberate and informed choice. They should understand, as Martin did, what the risks involved are. If they decide that is something they want to undertake, having regard to all of the circumstances, such as the level of protection the camp is offering, then they should not be disallowed to do so, but they shoud be made to do so at their own risk.
This balances the requirement of safety with the appeal of wild Africa, which should not be damaged by Western 'Health and Safety' creeds.
George Mackenzie, Oxford, Oxon.
Running with Maasai warriors (trained since birth to be aware of the wild life) is very different from what this woman and her friends did that day. You can't be as unaware of your surroundings as she obviously was by going our like that and not expect to be a Darwin award.
Donna Thorson, Seattle,
Can Mrs Martin let everyone know to which Kenyan conservation group she intends to donate her massive win? Perhaps offer it back to Lewa to help wildlife there.
Annie, Gloucester, UK
If we keep rewarding stupidity, how on earth is the Human race to evolve?
Mike, Bremen,
I could not agree more with the previous statement. We are currently living in a world where we always have to shed responsiblilty on others for our own fault.
Now while I am not denying that the company should maybe have taken extra precautions to warn its clients, one should realise that going for a jog in a wildlife area is not something to be done lightly.
it is all too easy to blame others for own's own lack of common sense and responsibility.
Alex Gest, London, UK
Their is a remarkable amount of criticism to be properly handed out on both sides.
Common sense is that you have to be aware that any place with wild animals especially Africa is potentially dangerous.
That being said as someone who has traveled to East and Southern Africa a dozen times, I have long questioned the propensity of safari operators to offer more and more dangerous activities that on its face do not sound dangerous. If you are going to hold yourself out as an expert in the bush, then you must adhere to that standard. No tourist should go jogging where there are lions , elephants or buffalo for sure . Marketing gone very bad!!
Chip Owen, San Diego,
"But Judge Mary Angawa .....
said that Mr Craig, Il Ngwesi Company and Lewa Wildlife Conservancy were EACH 100 per cent liable."
21st century arithmetic?
Didn't the elephant have any role in this event?
Divide by at least 4!
DavidN, Melbourne, Australia
Craig' s allusion to the potential implication the ruling could have on conservation efforts should be taken seriously, but the judgement may also be seen as constituting the legal foundations of an inception of a Western-style litigation culture. If the Martin case means that tour operators will be required to produce contracts that seek to avoid, exclude or limit their liability for such incidents before every single game drive, bush walk and bush breakfast, the integrity of the African safari experience will be severely damaged.
No longer will the Safari be a real bush experience in which visitors can escape from the legal consraints of the West. Instead, it will become a version of Europe in Africa, and it will become an Africa that cannot be experienced on its own terms; an Africa that can be seen but not touched. The concept of Safari will lose the very spontaneous African touch that compelled Martin's family to visit Lewa in the first instance.
George Mackenzie, Oxford, Oxon.
The ruling is wrong, she was attacked by a wild animal.
viola, woldingham,
What are these elephants doing? Don't they know the law? And near where Prince William dated somebody too - absolutely disgusting. They should crack down on them - British half-wits must be protected at all costs.
eric campbell, harrogate, uk
What ever the legal answer is to this, and I can see if the company advertised a jog in the bush they should take adaquate measures to protect people, surely some sort of responsibility has to be down to these joggers.
Surely they realized that this was not some casual stroll around a Surrey park! What happened to common sense and taking responsibility. I backpacked through Africa and never would have dreampt of doing anything so stupid.
Stuart Green, Palm Springs, USA CA
The comment by Mr Craig is the most chilling part. This lengthy case has been through every aspect of the accident, how the camp was run, what it's association with Lewa is and what the responsibility of the operators was. I am sure he is concerned about the implications of this verdict for him and his company, and so he should be. It will hopefully be of benefit to future visitors to safari camps.
Steve Jones, Doha,