The Georgia Supreme Court on Monday ruled in favor of an exclusive gated community in a closely watched case involving an 83-year-old woman who was killed by an alligator.
In a 4-3 decision, the court said The Landings resort on Skidaway Island and its homeowners association cannot be held liable for the fatal attack on Oct. 5, 2007.
At the time, Gwyneth Williams was house-sitting for her daughter and son-in-law while they were in Europe. She was probably attacked that evening while looking for her daughter's dog near one of the 151 lagoons that cut through the resort.
The following morning, a trapper found an 8-foot alligator and, after killing it, found Williams' limbs in its stomach. It was the first reported alligator attack on a human there since The Landings opened 40 years ago.
Williams' family later sued, contending the resort just south of Savannah should have done more to protect its members and guests from alligators and warn them about the reptiles' presence. When the development carved out a system of lagoons and waterways to drain water from low-lying areas, it also created a perfect habitat for indigenous alligators, the suit said.
Justice Harold Melton, writing for the court's majority, cited testimony that showed Williams had once seen an alligator on the side of a road at The Landings.
"The record shows that Williams knew that the wild alligators were dangerous, saying herself that she would not want to be anywhere near them," Melton wrote. "Nonetheless, Williams chose to go for a walk at night near a lagoon in a community in which she knew alligators were present."
This shows that Williams "either knowingly assumed the risks of walking in areas inhabited by wild alligators or failed to exercise ordinary care by doing so," Melton said.
The ruling reverses a decision by the Georgia Court of Appeals, which had allowed the case to go forward.
Justice Robert Benham, writing in dissent, said the case should be heard by a jury that should be allowed to decide whether Williams knew large and aggressive alligators were living on the premises and in the nearby lagoon.
The Landings Association had an advertised policy that said it removed alligators that were at least seven feet long or aggressive toward people and pets. But The Landings did not patrol or inspect the lagoons; instead, it relied on residents and employees to report alligators that met those specifications. It also did not post signs near the lagoons warning guests about alligators, Benham noted.
Although there was testimony that Williams had seen at least one alligator, there had been prior court findings that there was no "competent" evidence showing she knew there were alligators larger than seven feet or any living in the lagoon, Benham said.
Melton countered that Williams knew the risks. "A reasonable adult who is not disabled understands that small alligators have large parents and are capable of moving from one lagoon to another," he wrote. "[S]uch an adult, therefore, assumes the risk of an alligator attack when, knowing that wild alligators are present in a community, walks near a lagoon in that community after dark."
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