
The elephant was eventually knocked out with a tranquillizer gun but not before he caused $303,000 in damage. Now that will make for an interesting lawsuit. In the United States, you are strictly liable for damage caused by wild animals in your possession. However, in India, they might claim an elephant as a domesticated animal with animus revertendi (habit of return). If considered domesticated in the United States, a negligence standard would apply. This would appear to be a case of clear negligence since, the Wildlife Trust of India said that the elephant was in its annual rutting stage.
It is not clear if the trucking company will sue for loss of consortium.
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