SAN ANTONIO – A wild peacock is the subject of a negligence lawsuit against the San Antonio Botanical Garden.
A Bexar County family is suing the San Antonio Botanical Garden Society Inc. and one of its employees for allegedly failing to take precautions to prevent the peacock from attacking two children on May 4, 2023, according to court documents.
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Lou Song filed the lawsuit on behalf of her two children on Jan. 31 in Bexar County District Court, records show.
The two children involved were a 1-year-old and 4-year-old at the time.
The original petition states that the plaintiffs were seated on the steps near the Botanical Garden’s rose garden when a large peacock began approaching them.
Song stood up to move the children as the peacock approached and then “attacked” the children, the petition states.
The attack caused the one-year-old child to get staples on their head, and the other required stitches on their face, the petition alleges.
“(The) plaintiffs were in no way obstructing, prodding, or interacting with the peacock of the time of this attack,” the petition claims.
The Botanical Garden was aware the peacock was in the area and it would enter the park grounds on occasion, the petition stated.
Lisa Corbett, a defendant on the petition, allegedly owned or harbored the peacock.
She provided the peacock a mate, food, water and possibly shelter, the petition states.
“Corbett owed a duty of reasonable care to the plaintiffs to prevent the peacock from causing them harm, and was guilty of negligence towards the plaintiffs,” the petition claims.
The Botanical Garden shared the following statement to KSAT on the lawsuit:
“We have recently been made aware of a lawsuit regarding an unforeseen incident that occurred at the San Antonio Botanical Garden in May of 2023. The San Antonio Botanical Garden values the safety and welfare of our guests and staff. We will continue to cooperate with appropriate authorities regarding this legal matter.”
In 2023, the San Antonio Animal Control Services relocated the peacock after neighbors complained it was pecking children.
KSAT reached out to ACS in 2023, and spokesperson Lisa Norwood confirmed that the peacock “was humanely trapped after he showed up to (the Botanical Garden) during a public event.”
“People at that event, unfortunately, were bothering the bird, and he acted out while people were trying to take pictures and coming closer to him, pecking two young children,” Norwood said.
The plaintiffs are seeking at least $250,000 but not more than $1 million for the medical expenses, physical and mental pain, physical impairment and disfigurement.
Song and the children are demanding a jury trial.
