In 2007 an 83 year-old woman, left alone to tend to her family's Savannah home while they took a vacation, was brutally killed, and partially ingested, by an alligator that dwelled near their housing development. Once the home owners learned of their relative's demise, they filed a lawsuit against their homeowners association for not controlling animals on their property, as reported by the Los Angeles Times and several other media sources.
A little known doctrine, in regards to the homeowner's association having no control over "animals ferae naturae" - otherwise known as feral or wild animals - on their property, has become the subject of debate in the lawsuit.
Savannah's The Landings development is located in a swampy coastal area with many lagoons. G.W., 83, was found floating in one of them, less a right foot, both forearms and hands.
The alligator was later caught, in the "wild urban interface" where nature and housing developments come together, and killed by a trapper. The alligator, at 8 feet in length, had sections of GW.'s body in its stomach.
In the suit, the family stated that it was the subdivision's responsibility to insure the safety of its property - especially to visitors - where alligators are known to roam free.
Walter W. Ballew III, the attorney representing the homeowner's association, cited the ferae naturae argument as it was used in a similar case in Texas. A Texas appellate court decided that a "landowner cannot be liable for the acts of animals
ferae naturae, that is indigenous wild animals, occurring on his or her property unless the landowner has actually reduced the wild animals to possession or control, or introduced a non-indigenous animal to the area."
Ballew wrote, "That rationale makes the most sense from a public policy view" and "a landowner should not be penalized for the presence of wild animals on his or her property."
Neither plaintiffs nor defense is arguing that alligators are not indigenous to the coastal areas of Georgia, namely Savannah.
Ballew contended that this case is similar to issues faced by Texas residents. He said, "A good deal of vegetation in Texas stings, sticks or stinks. Any number of insects and animals can hurt, or even kill you.... Under ordinary circumstances, Texas landowners do not have a duty to warn their guests about the presence and behavior patterns of every species of indigenous wild animals and plants."
The Morris News Service reported that attorneys for the family said that the alligator had been in the lagoons near The Landings for quite awhile and that the homeowners association "could have, and should have, been easily discovered and removed by a responsible maintenance program."
The case is not due to be heard in Georgia's high court until next February. Whatever is decided, it will only affect future cases in Georgia, but, with that said, this case, and its outcome, may be cited in other states that share similar issues with non-domesticated animals causing loss of life.
If for any reason you believe that you have lost a loved one in a wrongful death - meaning that their death was preventable - contact a personal injury lawyer for help today!