Sunday Times

Parks liable in animal attack lawsuits

- SUTHENTIRA GOVENDER

AN indemnity form and warning signs might not be enough to protect game parks from hefty lawsuits that result from animal attacks on visitors.

This comes in the wake of the attack last week on Game of Thrones visual effects editor Katherine Chappell, 29, at the Lion Park in Johannesbu­rg.

Chappell, who was taking pictures during a private tour when a lioness attacked her through the open window of a car, died from her injuries.

Stalker Hutchison Admiral, South Africa’s biggest specialist liability underwrite­r, has warned that game parks are vulnerable to damage claims “regardless of indemnitie­s or precaution­s taken”.

Sandy Terblanche, technical manager at the underwrite­r group, said the chances of such a claim being successful were “greatly reduced by . . . a welldrafte­d indemnity”. But it was “virtually impossible” for game parks to absolve themselves of liability completely.

Australian Brendan Smith, who was also attacked by a lion at the Lion Park in March, said his medical costs were taken care of by an insurance payout, the amount of which has not been stipulated.

Australian schoolgirl Neha Sharma, who was attacked by a lion at Kudus Rus Game Lodge in North West in February, has spoken publicly for the first time following Chappell’s death.

Neha, 15, said she was invited into the lion enclosure by a ranger. Kudus Rus denies this, saying she requested entry.

Personal injury lawyer Andries Scholtz said: “Normally at the entrance when you register and pay, you sign an indemnity or waiver . . . In the event of an attack, it makes it difficult to claim, because it lists the accountabi­lity.

“A normal claim with a household animal, you just have to prove there was negligence on the part of the owner. But the minute there’s an indemnity or a waiver, then you have to prove gross negligence, which is very difficult, but not impossible.”

Scott Simpson, assistant operations manager at the Lion Park, said on Friday no lawsuit had been “instituted against us from any of these incidents”.

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