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Circus admits negligence over toddler attack

By Michael Owen-Brown
April 10, 2004

ASHTON'S Circus has admitted it was negligent in not supervising a tigon – a cross between a tiger and a lion – that severely mauled a curious toddler.

Eliah Smith – then called Eliah Quay – lost both his arms when he stuck them through the bars of a cage containing two tigons when the circus performed in Brisbane in 1994.

The big cats had been released into an exercise cage in an area of the circus set up as an animal nursery and housed animals such as ducks, sheep and guinea pigs.

Eliah is now 11 and, through his mother Tracy Smith, is suing Ashton's Circus in the South Australian Supreme Court.

He was a 20-month-old toddler when he wandered away from his father, Doug Wing Quay, an animal trainer with the circus, on June 23, 1994.

When Eliah put his arms into the cage a seven-year-old male tigon called Astra mauled his arms.

His left arm was completely amputated and his right arm was amputated above the elbow.

A few days later Eliah was transferred to Adelaide's Women's and Children's Hospital, and was eventually fitted with artificial arms.

The Smiths, who live in South Australia, claimed $1 million as interim damages, with the full sum to be assessed after Eliah turns 18.

The parties have reached an agreement regarding the immediate claim, and the matter has been adjourned until December 2007 while Eliah matures.

The Smiths' statement of claim said the circus owed him a duty of care and his injuries had been caused by its negligence.

"The defendant placed tigons in an area that was totally inappropriate . . . and was a clear attraction for children," it states.

"(It) failed to provide safety fencing, guard the perimeter or provide adequate supervision . . . (and) failed to have safe and proper procedures and practices regarding the housing and exercising of tigons."

They are claiming damages for loss of earning capacity, cosmetic disabilities, and impairment to Eliah's studies, social, recreational, sporting and domestic activities.

They also claim for the cost of further medical treatment, his need for specialist assistance throughout his life and psychological injuries.

In its statement of defence the circus admitted it had been negligent and breached its duty of care.

However it says the damages should be assessed under the laws of Queensland, as that is where the accident occurred.

Ashton's Circus is no longer in operation. A new company – Joseph Ashton's Circus – was created instead, by the Ashton family.

A spokeswoman for the circus said the new operation did not feature any exotic animals such as tigons.