June 28, 2012
Assumption of the Risk - Alligators on Golf Courses...
There's a great hypo in here: The Georgia Supreme Court recently ruled that a golf club and homeowners' association was not liable for the wrongful death of an elderly woman killed by an alligator in 2007. Although the Court of Appeals had allowed the suit, the Georgia Supreme Court reversed.
The Supreme Court's majority decision, written by Justice Harold D. Melton, stated that even though no warning signs were posted at the lagoons, the homeowners association had warned residents in its publications and on its website that alligators were present and could be dangerous. Thus, Williams assumed the risk when she went out for an evening walk near the lagoons.
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