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Davis v. Crum

263 Ga. App. 682 (Ga. Ct. App. 2003)
Davis v. Crum

2 Citing cases

  1. The Landings Ass'n Inc. v. Williams the Landings Club Inc. v. Williams

    309 Ga. App. 321 (Ga. Ct. App. 2011)

    Because the fundamental basis for imposing liability on an owner under OCGA § 51–3–1 is the owner's superior knowledge of the risk, no liability can be imposed where the invitee had equal knowledge of the risk and could have avoided the consequences of the defendant's negligence with the exercise of ordinary care. Davis v. Crum, 263 Ga.App. 682, 684, 588 S.E.2d 849 (2003). When Ms. Williams walked alone at night near the lagoon she was aware of the risk that she could encounter a dangerous wild alligator, regardless of whether she could anticipate the exact size of the alligator.

  2. The Landings Ass., Inc. v. Williams

    309 Ga. App. 321 (Ga. Ct. App. 2011)   Cited 1 times
    In The Landings Association, Inc. v. Williams et al., 309 Ga.App. 321, 711 S.E.2d 294 (2011), the Court of Appeals held that the trial court properly denied in part motions for summary judgment brought by The Landings Association, Inc., and The Landings Club, Inc., finding that a question of fact remained as to whether The Landings entities failed, pursuant to the law of premises liability, to take reasonable steps to protect Gwyneth Williams from being attacked and killed by an alligator in the planned residential community and golf club owned and/or managed by The Landings entities.

    Because the fundamental basis for imposing liability on an owner under OCGA § 51-3-1 is the owner's superior knowledge of the risk, no liability can be imposed where the invitee had equal knowledge of the risk and could have avoided the consequences of the defendant's negligence with the exercise of ordinary care. Davis v. Crum, 263 Ga. App. 682, 684 ( 588 SE2d 849) (2003). When Ms. Williams walked alone at night near the lagoon she was aware of the risk that she could encounter a dangerous wild alligator, regardless of whether she could anticipate the exact size of the alligator.