Kerala High Court Upholds Strict Liability of Elephant Owner and Handlers in Fatal Temple Attack

The Kerala High Court upheld the principle of strict liability for owners and handlers of dangerous animals, ruling that they are fully responsible for any harm caused, regardless of negligence or third-party provocation.  

The case involved a 2008 temple procession where an elephant named Bastin Vinayashankar attacked devotee Vincent, resulting in his death.  

The court dismissed the owner's appeal, which claimed the elephant was provoked, and upheld the trial court's award of ₹10.93 lakh in compensation to Vincent's family.  

The Court ruled that such defenses are invalid in cases involving inherently dangerous animals.