In August 2022, an 88-year-old woman in a Hilton Head residential community was a victim of a deadly alligator attack. Prior to this attack, the community had an outreach of concern about the unsafe and hazardous natural environment within their community—especially with the growing alligator presence.
The management of the community was obligated to care for and maintain both nonresidential and certain residential aspects of the Community. In return, the residents paid certain dues for the provided and appropriate care.
The Community’s management breached the duty of care, constructing ponds and ponding basins that attract hazards and predators without the implementation of safeguards and protections to prevent the hazards and predators. As a result of the negligence of the Community’s management, the woman tragically lost her life.
The Law Office of Sean M. Wilson provided resources and care for the residential community and, more importantly, the victim and her family. After a long battle with the Community’s negligence, our South Carolina premises liability lawyers provided the residents with a strong voice of reason.
Before, the Community denied the negligent allegations and pleaded not responsible for their negligent actions.
After filing suit, our legal team proved the negligence within the Community’s guidelines. Knowing that a beautiful living soul is far more valuable than monetary value, our attorneys settled the case, giving the victim's family a glimpse of light in a dark place.
Legal Issues in South Carolina Premises Liability and Wildlife Management Cases
Cases involving wildlife attacks on residential properties raise complex legal questions about duty of care and premises liability. Property managers and homeowners' associations have a fundamental responsibility to maintain safe conditions for residents, which includes managing wildlife risks in areas where dangerous animals are known to be present.
Water features, while aesthetically pleasing, can attract dangerous wildlife and create foreseeable risks to residents. Communities that create or maintain artificial water features like ponds, lakes, or retention basins take on specific responsibilities under premises liability law. These responsibilities typically include:
- Regular monitoring and removal of dangerous wildlife
- Installation and maintenance of protective barriers and warning signs
- Development and implementation of comprehensive wildlife management protocols
- Prompt investigation and response to resident safety concerns
- Regular safety assessments and documentation
- Staff training on wildlife safety protocols
- Emergency response planning for wildlife encounters
- Regular communication with residents about wildlife risks
- Maintenance of proper insurance coverage for wildlife-related incidents
Property managers and associations may be held liable for injuries or deaths resulting from wildlife encounters if they:
- Failed to implement appropriate safety measures
- Ignored resident complaints or concerns
- Did not maintain proper warning systems
- Failed to remove known dangerous animals
- Inadequately maintained safety barriers or equipment
- Did not follow established wildlife management protocols
- Failed to warn residents of known risks
Do You Need to Speak to an Experienced South Carolina Premises Liability Lawyer?
If you have concerns about dangerous wildlife in your residential community or have been injured or lost a loved one due to negligent property management, contact us for a free consultation at our offices in Charleston or Columbia. We have the knowledge and resources to protect your rights and help ensure proper safety measures are implemented to prevent future tragedies.