South Carolina Gator Attack on Golfer Leads to Legal Action
Last month, we wrote that the NY Court of Appeals found no liability against a golfer who fails to yell “fore” after hitting an errant ball. This week, a lawsuit filed in South Carolina claims that a golf course negligently failed to warn the plaintiff as to the presence of large, wild and aggressive alligators (as opposed to the gentlemanly kind). In October of 2009, James Wiencik was playing golf with his son, and hit his ball near a deep pond. While reaching for the ball, a large, ten foot alligator sprung from the water, biting Wiencik's arm and pulling him into the water. Wiencik struggled with the alligator, and his right arm was tragically torn off. As per the Complaint (a copy of which can be seen here, courtesy of Courthouse News, "[t]he alligator swam away, having eaten plaintiff's arm."
Perhaps this story will help discourage those golfers who insist on spending 10 minutes looking for a $2 golf ball.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.
The guy had his arm torn off and eaten. No one is expected to assume risk of an alligator on a golf course no matter the body of water that surrounds it. There is no mention of a sign that reads "beware of alligator". Then you make a sick joke at the end mocking the guy for going to get his ball. Pretty damn pathetic of you.
Correct J. Lake, a bad joke. However nobody is claiming that the golfer could have or should have avoided the attack.