African Lion Safari case

Every year, first-year law students across Canada learn the case that was originally called Cowles v. African Lion Safari, because it’s such a wild case. It also clearly illustrates the law of strict liability in Canada. And we’re proud that the plaintiff in the case was represented by Thomson Rogers.

What happened in African Lion Safari & Game Farm Ltd. v. Cowles?

Jennifer Cowles, a hardworking young mother, visited African Lion Safari with her partner in 1996. During their drive through the park, tigers approached the vehicle, managed to lower the windows, and pulled Ms. Cowles from the car by the head. She suffered catastrophic and disfiguring injuries. The case made headlines across Canada.

Craig Brown, a partner at Thomson Rogers, fearlessly traipsed to court every day, against everyone telling him that he was never going to win. He had a client who really needed him. She was an exotic dancer. She was demeaned throughout the process about how she earned income, and whether or not she was a credible or honest person.

Why was African Lion Safara Held Liable?

Contrary to what the African Lion Safari was suggesting, Ms. Cowles did not invite the tiger in, and they were negligent in having a facility that allowed tigers to roam so freely. The cars moving through the park were entirely unsupervised, unprotected, and it was completely atypical of the way that the most dangerous animals in the world are displayed in other safari parks. Because tigers are dangerous in the wild, they’re even more dangerous when they’ve been semi-domesticated.

You can’t house dangerous animals on your land without being responsible if something bad happens to people who come in contact with them. That’s called strict liability. Some people would have said that’s a tough case. You’re not going to win because how does a tiger open the door? We had an injured client, a woman who needed some compensation to deal with significant injuries that she had suffered.

Craig: “I really feel very, very good about having brought, again, some dignity and some justice to Jennifer Cowles.”

Craig believed in her, and the judge believed in her. Sometimes it takes a trial to bring things to justice.

Why Was the Case Heard by a Judge Alone?

Another reason this case is often cited is its guidance on when and why a jury may be struck. The judge found in favour of the plaintiff and heard the case without a jury. The successful argument focused on the complexity of medical and liability issues and the estimated length of the trial. While the decision was challenged on appeal, it was upheld.