LANDINGS ASS'N, INC. v. Williams
309 Ga. App. 321
| Ga. Ct. App. | 2011Background
- Williams, 83, died from an alligator attack in Lagoon 15 at The Landings on Skidaway Island; the lagoon is jointly owned by The Landings Association and The Landings Club.
- An alligator over eight feet long was trapped and killed after the attack; parts of Williams’ body were found in the alligator’s stomach.
- Lagoon 15 is bordered by a park-like common area (association) and a golf course (club); the lagoon system comprises about 150 lagoons in The Landings.
- Alligators in The Landings are indigenous wildlife; the State owns wildlife and the DNR manages their custody and removal; the association/policy relies on DNR for removal of large or aggressive alligators.
- The appellees alleged premises liability and nuisance; the trial court granted summary judgment on OCGA § 51-2-7 (vicious or dangerous animal) but denied other summary-judgment motions; on appeal, the court affirmed in part and reversed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Foreseeability and duty in premises liability | Williams’ death shows dangerous condition; owners knew alligators were common and failed to take precautions | Attack was not reasonably foreseeable; owners had no greater knowledge than Williams; no duty to inspect for wild alligators | Not entitled to summary judgment on foreseeability/duty (trial court correct to deny) |
| Animal ferae naturae doctrine governing liability for indigenous wild animals | Doctrine does not shield owners from liability when they have knowledge of wildlife nearby | Indigenous wild animals not owned/controlled; no liability absent control/possession | Not entitled to judgment as a matter of law under animals ferae naturae; foreseeability present |
| Nuisance claim against the association | Lagoon-related danger and lack of safeguards caused injury to Williams | Nuisance requires invasion of use/enjoyment; no such invasion shown by Williams’ claim | Association entitled to judgment as a matter of law on nuisance claim |
| OCGA § 51-3-1 premises liability standard as to invitees | Owner failed to exercise ordinary care to protect Williams from alligator attack | Precautions taken were reasonable; no duty to fence off wildlife; Williams knew of risk | Summary judgment inappropriate on liability issues; but liability depends on foreseeability and care standard (jury issue) |
| Effect of post-recordings on summary judgment (testimony admission) | Appellees filed deposition transcripts after hearing; should affect consideration | Record can be considered; testimony not dispositive | Moot since the appellate ruling on liability remains intact |
Key Cases Cited
- Robinson v. Kroger Co., 268 Ga. 735 (1997) (duty of care and foreseeable hazards; invitee protection)
- Lau's Corp. v. Haskins, 261 Ga. 491 (1991) (reasonable care; plain and palpable cases for summary judgment)
- American Multi-Cinema v. Brown, 285 Ga. 442 (2009) (summary judgment limits in premises liability; not always appropriate)
- Williams v. Gibbs, 123 Ga. App. 677 (1971) (indigenous wild animals; foreseeability standard)
- Piggly Wiggly Southern v. Snowden, 219 Ga.App. 148 (1995) (foreseeability and criminal activity as foreseeability evidence)
- Holman v. Athens Empire Laundry Co., 149 Ga. 345 (1919) (duty to exercise ordinary care; expansive nuisance concept)
- Beard v. Fender, 179 Ga.App. 465 (1986) (duty to protect invitees from risks on premises; ordinary care standard)