Family Files Wrongful Death Lawsuit Against Real Estate Company After Alligator Attack

A Florida family has filed a wrongful death lawsuit against a real estate company after an alligator attacked and ultimately killed their loved one while she was walking her dog in Florida. According to the lawsuit, the 85-year-old victim was walking her dog when the alligator attempted to attack the dog. She attempted to protect the dog and the alligator knocked her over, latching onto her foot and dragging her into a pond. The alligator was caught and euthanized according to the Florida Fish and Wildlife Conservation Commission.

According to the lawsuit, the victim started walking her dog in her backyard after the real estate company sent her a letter from the property manager informing her she could only walk her dog on her own property or in the development-owned dog run located more than a mile from her house. The pond where the decedent died was in her backyard.

The complaint alleges that the defendant encouraged, if not forced, the victim to walk her dog near a retention pond that it knew, or should have known, contained large, dangerous alligators. The alligators constituted a nuisance under the definition developed by the Florida Fish and Wildlife Conservation Commission.

Further, the lawsuit states that residents and staffers of the real estate company were allowed to feed the wildlife, including the alligator who attacked the decedent, which caused the alligators to become socialized to human contact while downplaying the danger that they posed. Residents had even named the alligator “Henry.” Attorneys for the family allege that the real estate company and its property managers could have called a toll-free hotline to have the alligator safely removed from the retention pond and relocated to a safe area. The service removes all alligators that are more than 4 feet long. The alligator who committed the attack was 10 feet long, according to the lawsuit.

Elements of negligence 

Property owners in Florida have a legal duty of care to identify and mitigate dangerous conditions on the property and take active steps to remove the threat. In this case, the defendant is alleged to have forced the decedent into walking her dog near a retention pond that contained a dangerous alligator. Further, staff and residents encouraged the socialization of the alligator to human contact and created a greater danger to residents of the property. The plaintiffs contend that the property owner could have removed the alligator from the property free of charge had they made a single phone call. Instead, the alligator attacked one of their residents and killed her.

The family has filed a wrongful death lawsuit against the property owner alleging that their negligence led to the death of their loved one. Had they removed the alligator from the property, the victim would still be alive.

Talk to a Jacksonville, FL Wrongful Death Attorney Today 

Gillette Law represents the interests of Jacksonville residents who are filing personal injury lawsuits against negligent defendants. Call our Jacksonville personal injury lawyers today to schedule a free consultation and learn more about how we can help.

Source:

cnn.com/2024/01/26/us/alligator-kills-woman-florida-lawsuit/index.html