Killer Whale Takes Trainer for a lethal Dive
There was a story about Tilikum, a captive orca at Sea World in Orlando. It apparently grabbed onto an experienced trainer and dove with her to the bottom of the tank where it drowned the trainer yesterday. It reminded me of the story about the pet chimpanzee which went bezerk last year and ripped the hands and face off a woman who stopped by to visit. No one really knows why wild animals react the way they do, and their behavior is unpredictable. A couple of years ago in Las Vegas a seemingly "friendly" seven year old tiger attacked Roy Horn during a show. That case was closed without ever finding out what caused the attack. I predict the Killer whale investigation by OSHA will end the same way: no explanation.
When elephants attack in the wild, those types of things are not big news, nor should they be. Elephants in the wild are expected to attack if someone threatens their baby.
The law imposes strict liability on the owner of wild animals. This means that the owner is absolutely responsible, without question, for the acts of the wild animal. A judge made the law after a series of cases in England where wild circus animals escaped and wrecked havoc on the public. This is a great example of what is called the "common law" since it did not have legislative origins. The surving spouse of Dawn Brancheau will be entitled to about $150,000 in workers comp death benefits since the accident happened at work.
One thing OSHA will be looking into is evidence of prior claims. Has this type of thing ever happened before? If so, what is the significance of the prior claims in this case? We know from early news reports that Tilikum (which is a nickname for native indian villages in the Seattle area) has had two other incidents over the years. There is speculation that the Orca was stressed out by years of captivity in a small tank, or was suffering from elvated testosterone levels. It has fathered at least seven other orcas over the years.
What is interesting to me is the fact that our legal system has precedent for all sorts of crazy things that goes back hundreds of years. Who would have thought that?