The Georgia Supreme Court overruled the court of appeals decision holding a homeowners’ association liable for an alligator attack on a guest. Last November, I wrote an article explaining how this case may have come out in South Carolina.
The Georgia Supreme Court used a similar analysis in determining that the association should not bear any liability. Specifically, the court addressed the fact that Ms. Williams knew of the potential for alligators in the pond because she had previously seen gators there. Since the danger was open and obvious to her, the association did not have a duty to warn.
The court was split 4-3 on this decision. The dissenting opinion by Justice Benham argues that there was no “competent” evidence that Ms. Williams was aware that alligators over seven feet could be found in the area. The association has a policy of removing gators that exceed seven feet or are particularly aggressive. The animal that fatally attacked Ms. Williams was eight feet in length.
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