The Georgia Supreme Court will be hearing a case about an alleged killer alligator, reports the Atlanta Journal-Constitution.
The Georgia Supreme Court's killer alligator case arises from events involving a woman found dead in a lagoon that as home to an eight-foot alligator in Savannah.
The heirs of the 83-year-old woman, Gwyneth Williams of Savannah, are suing The Landing Association, the homeowners association that they say should have taken steps to remove the gator. When Gwyneth Williams of Savannah was discovered, her hands and one leg were missing and parts of her body were found in the stomach of the alleged killer alligator, reports the Athens Banner-Herald.
The heirs of the woman argue that the Homeowners Association knew of the gator and should have removed it before hand. Lawyers for the homeowners association argue that they can’t be held for all the alligators in the 151 lagoons that make up the posh subdivision in Savannah.
While it isn’t clear from the news item which theory of personal injury law the heirs have filed their case under, one possible way of looking at the case might be through the lens of premises liability. The legal theory of “premises liability” holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property. Does a homeowner’s association become liable for a resident’s mother? What if she’s allegedly attacked by an alligator?
These are all the sort of questions that Georgia courts will have to grapple with in this case.
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