In 2007, Gwyneth Williams, 83, was fatally attacked by an alligator at The Landings, a subdivision near Savannah, Georgia.
House-sitting for her daugher-in-law, Williams had been walking near the subdivision's golf course in the evening when she was attacked by an eight-foot alligator. In the attack Williams lost both her hands and her right foot.
She was found dead the next morning in one of the 168 lagoons on the luxury property.
“Jack Douglas actually caught the gator before we got up there. When he opened it up, we were able to determine that this was the gator that had bitten her,” explained Ed Van Otteren, a wildlife technician with the Georgia Department of Natural Resources.
What no one has determined, thus far, is who is reposnsible for Williams' death.
According to her heirs, who have filed a lawsuit against the The Landings Association, the homeowners' association should have conducted a better job in ensuring the safety of visitors to a place where alligators are common.
The case, before the Georgia Supreme Court, will depend on whether the homeowners association should be shielded from the lawsuit under a doctrine known as 'animals ferae naturae.'
The old legal doctrine states that a landowner is generally not responsible for the unforeseen attacks of a wild animal that happens to be on the land.
Mike Conner, a managing partner with Conner Law Group, which is representing the heirs, said The Landings should be held responsbile.
“They knew the animals were there,” explained Conner. “They knew the animals were dangerous. They knew they needed to do something about the animals and didn't do anything about it.”
Conner said The Landings had a policy to remove any alligators more than seven-feet long. But he said, they never did.
Van Otteren said it is not that easy.
“The Landings doesn't own that alligator,” Van Otteren explained. “In fact, if they want to do anything with that alligator, they've got to call us, the Department of Natural Resources, to get a permit, to get that alligator moved.”
Van Otteren, who was present the day Williams' body was found, said cases like this can be tricky.
“I am highly surprised the case has gone this far,” he said. “Because, you're talking about wildlife and you're talking about wildlife in a natural setting. It was a pond off of a salt marsh. You'd expect alligators there.”
Conner, however, claimed that not all the ponds on The Landings are natural.
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