Texas Accident & Injury News
When can petting zoos be liable for injuries?
Mother Sues on Behalf of Children Pecked by Peacock at the San Antonio Botanical Gardens
According to a San Antonio Express-News report, Lou Song is suing the San Antonio Botanical Gardens for injuries to her two children in 2023.
According to the complaint filed, Lou Song and her two children (M.B., 4, and O.B., 1) were sitting on the steps near the rose garden section of the Botanical Gardens on May 4, 2023. That’s when Kevin, the resident peacock, approached them. The mother immediately rose to move the children if necessary–that’s when Kevin attacked the children. The four-year-old needed stitches to the face, and the one-year-old required staples to the head for injuries caused by the attack.
An ACS official stated that it was mating season at the time of the attack and that multiple people were getting too close to the bird, which likely contributed to the unusual behavior. Kevin was captured by ACS and eventually relocated to the grounds of a winery near Fredricksburg, where he is reportedly happily residing.
An official statement from the Botanical Garden regarding the incident said that they value the safety of their guests and will continue to fully cooperate with authorities regarding the legal matter. The plaintiffs are seeking damages for past and future medical expenses, physical pain and impairment, mental anguish, and disfigurement for at least $250,000 but no more than $1 million.
Did You Know?
The CDC reports roughly 100 outbreaks of illnesses that occurred at petting zoos and similar facilities between 2010 and 2015.
When Can Animal Exhibits Be Liable for Injuries?
Petting zoos, aquariums, and other animal exhibits are an excellent combination of education and fun, especially for children. However, they can be dangerous if facilities are not careful.
While parents and other caretakers have a responsibility to watch their children, animal exhibits have a responsibility to keep their guests reasonably safe from harm. When they fail to do so, and you or your child are hurt as a result, you may have grounds for a lawsuit.
The Negligence Requirement
In order for a petting zoo or other attraction to be held responsible for your injury, their negligence must have caused your injury. Negligence is a legal term that describes the breaking of a reasonable duty of care to keep other people safe.
To file a claim for a petting zoo injury, you must show:
- The petting zoo or other attraction owed you a duty of care;
- They broke that duty of care (were negligent);
- That breach of duty caused you (or your child) to be hurt;
- You suffered damages as a result.
For example, petting zoos must ensure fences are intact, the grounds are free of hazards, children are properly monitored, and safety rules are clearly posted.
How Long Do I Have to File a Claim for an Injury at a Petting Zoo?
In Texas, you have 2 years from the date of the incident to file a personal injury claim.
It’s best to contact an attorney as soon as you have received proper medical treatment. Evidence can be lost if you wait for two years to file a claim, and your memory of the incident won’t be as clear. Consultations with attorneys are usually free and will help you understand the legal options available to you so that you can make an informed decision.
Was Your Child Injured at an Animal Exhibit in Texas? Call Shaw!
You or your child may be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Medical Bills,
- Trauma/PTSD,
- Pain and Suffering,
- Missed Work,
- Disfigurement,
- And More.
We’ll help you find out if you have a case for free.
Call Shaw for a free, no-obligation case evaluation at 800-862-1260 today. Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years because we put our clients first. We look forward to serving you.