The Landings Ass'n v. Williams
291 Ga. 397
| Ga. | 2012Background
- The Landings Association and The Landings Club owned/managed common areas and golf course in The Landings on Skidaway Island, Georgia.
- Williams, age 83, was house-sitting at The Landings when she walked near a lagoon after 6:00 p.m. and was attacked and killed by an alligator.
- A large alligator (over eight feet) was later captured in the same lagoon; parts of Williams’ body were found in its stomach.
- Prior to development, indigenous alligators inhabited the area; a lagoon system was installed to create a suitable residential environment, and alligators moved through lagoons thereafter.
- Evidence showed Williams knew wild alligators existed there and that they were dangerous, and she had previously viewed an alligator in the area.
- The Landings had a policy to remove alligators seven feet or longer or aggressive alligators but did not patrol lagoons or post warnings; removal relied on residents and employees reporting animals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equal knowledge bars premises liability as a matter of law | Williams had knowledge equal to Landings about alligators. | Summary judgment appropriate where plaintiff knowingly assumed risk or failed to exercise care. | Yes, Landings entitled to summary judgment on premises liability |
| Whether the evidence was plain, palpable, and undisputed to deny trial | Facts about removal policy, reporting failures, and large alligators create jury questions. | If Williams knew of alligators and risk, defendant not liable. | No; summary judgment appropriate; record supports trial-focused issues only when undisputed |
Key Cases Cited
- Robinson v. Kroger Co., 268 Ga. 735 (Ga. 1997) (recovery depends on knowledge of hazard and owners' duty; not summary-judgment standard)
- American Multi-Cinema, Inc. v. Brown, 285 Ga. 442 (Ga. 2009) (premises liability requires actual/constructive knowledge; summary judgment not always proper)
- McKnight v. Guffin, 118 Ga. App. 168 (Ga. App. 1968) (premises liability doctrine on knowledge of danger)
- Atlanta Gas Light Co. v. Gresham, 260 Ga. 391 (Ga. 1990) (premises liability; depth of duty and knowledge analysis varies with facts)
- The Landings Association, Inc. v. Williams, 309 Ga. App. 321 (Ga. App. 2011) (owner knowledge of danger can defeat premises liability when plaintiff has equal knowledge)