On August 20, 2018, a tragic alligator attack at Sea Pines Resort in Hilton Head, South Carolina, claimed the life of 45-year-old Cassandra Cline. The incident occurred near the 13th green of the community golf course when Cline attempted to protect her dog from a 9-foot alligator. The attack ultimately resulted in a wrongful death lawsuit against Sea Pines Resort and Community Services Associates (CSA), highlighting how homeowners associations and residential community managers can be held liable for alligator attacks in common areas.
The Tragic Attack at Sea Pines Resort
Cassandra "Sassie" Cline, a kindergarten teacher from New York who owned a home in Sea Pines, was walking her dog near the community lagoon at approximately 9:30 a.m. when the deadly encounter occurred. Witnesses reported that the alligator initially lunged at her dog, grabbing the leash in its jaws.
Cline fought to save her pet, engaging in what one witness described as a "tug-of-war" with the massive reptile. The lawsuit states that the alligator was an intimidating 9 feet 2 inches long.
During the attack, a maintenance worker and a golf course employee rushed to help when they heard Cline's screams. One witness saw her sitting in the sand between Governor's Road and the water's edge, still holding her dog as the alligator approached. The dog managed to escape, but the alligator then seized Cline by the forearm and dragged her into the lagoon. Investigators later found 14 feet of drag marks on the bank.
A golfer who witnessed the attack called 911, telling dispatchers "It dragged her in the water" and admitting helplessly, "I don't know what to do." Despite attempts by witnesses to help, including throwing rocks and poles at the alligator, Cline disappeared beneath the water. She was pronounced dead at the scene, and the alligator was later euthanized by wildlife officials.
HOA Liability for Alligator Attacks in South Carolina
Homeowners associations and community management companies in South Carolina bear significant responsibility for maintaining safe common areas, including ponds, lagoons, and golf courses. Unlike individual homeowners who control only their private property, HOAs have exclusive authority over the shared spaces where residents walk, exercise, and recreate daily.
The Sea Pines Community Services Associates states its purpose is "to protect, maintain and enhance the resources of Sea Pines Plantation for the benefit of the Sea Pines Community." These types of promises can create a legal duty to address known hazards, including dangerous alligators in community waterways.
Residents and guests rely on these community associations to spot large and/or aggressive alligators and have them removed from the property. Individual property owners and guests don't have that authority. When HOAs fail to fulfill these obligations, they can face liability for the resulting injuries or deaths.
How Community Associations Breach Their Duty to Residents
Several factors establish HOA negligence in alligator attack cases:
Exclusive Control Over Wildlife Management
In most gated communities, HOAs hold exclusive authority to obtain depredation permits and remove nuisance alligators. Individual homeowners cannot legally remove alligators themselves, even when they spot dangerous animals. This exclusive control creates heightened responsibility for community associations to act promptly when large alligators are identified.
Knowledge of Specific Threats
Seven weeks before her death, Cline texted friends a photo of a large alligator sunning near the same lagoon. In her text messages, Mrs. Cline mentioned that a Sea Pines CSA truck had driven by the gator and that she hoped they would "take care of it." This is strong evidence that the community association knew about the enormous alligator but failed to remove it.
Failure to Use Available Resources
Court documents reveal that Sea Pines CSA had obtained depredation permits from the South Carolina Department of Natural Resources, giving them legal authority to remove alligators at their discretion. Having these permits but failing to use them effectively goes a long way toward demonstrating negligence.
The association clearly knew about the issue because they pursued the depredation permits. Those in charge had the tools to prevent this tragedy but chose not to act. Again, this is powerful evidence the CSA knew about the issue and failed to uphold its duty to residents and guests by not following through to have the reptile removed.
Violation of Community Promises
The lawsuit alleges Sea Pines violated "its own rules for the maintenance and safety of an area utilized by the public." When HOAs establish safety protocols in their covenants or operating agreements but fail to follow them, residents who suffer harm have strong grounds for legal action.
Generally, these organizations will not turn over their protocols, policies, and procedures until a lawsuit is filed. However, once a lawsuit is filed, the court can force their hand.
Pursuing Claims Against Residential Community Associations
Victims of alligator attacks in HOA-controlled areas can pursue personal injury claims under the theory of premises liability. Families of deceased victims can pursue a wrongful death claim.
Premises Liability Claims
Community associations owe the highest duty of care to residents and invited guests using common areas. This includes maintaining reasonably safe conditions and warning about known dangers. A 9-foot alligator that had been spotted multiple times clearly constitutes a known hazard requiring action.
Injured victims can seek a variety of damages in a premises liability case, including compensation for:
- Medical bills;
- Future medical care;
- Disfigurement;
- Pain and suffering; and
- Lost wages.
Wrongful Death Actions
The personal representative of the deceased victim can pursue a wrongful death claim for the death of their loved one. The personal representative essentially steps into the shoes of the deceased victim and acts as the plaintiff in the lawsuit. In South Carolina, the personal representative can seek compensation for a variety of damages, including:
- Loss of companionship;
- Mental anguish;
- Economic losses; and
- Funeral expenses.
Under South Carolina law, the estate can also pursue survival claims for Cassandra's conscious pain and suffering before death. Here, the survival claim would be for the pain and suffering she experienced between the moment of attack and the time of death. To even imagine what she went through is horrifying, and thus it's difficult to put a value on the survival portion of a wrongful death claim like this one.
Why SC HOAs Should Take Alligator Threats Seriously
The pattern of alligator attacks in South Carolina's gated communities demonstrates that these are preventable tragedies. HOAs and management companies control the common areas where these attacks occur. The gators are their responsibility.
They will usually argue that they have no control over what a wild animal does. However, those arguments fall flat to a logical jury. Failing to spot large alligators and take the simple steps to have them removed is the core issue here, and it's the reason people like Mrs. Cline and others across South Carolina lose their lives.
The organizations have the exclusive authority to remove dangerous alligators, and it's 100% their responsibility. They collect assessments from residents specifically to maintain safe communities. When they fail to act on known threats, people can die.
Since 2016, South Carolina has seen multiple fatal alligator attacks in residential communities from Beaufort County to Charleston County. Each alligator attack involves similar factors: large alligators in common area ponds, prior sightings or complaints, and HOA inaction despite having removal authority. These are preventable deaths, and each one sends shockwaves through the families that lose their loved ones in such a gruesome and senseless way.
This raises an important question: Why are these communities allowing large alligators to roam the ponds and lagoons until someone gets hurt or loses their life? Clearly, they are not taking the issue seriously.
This is where a civil lawsuit can help incentivize them to act. A jury fed up with these preventable tragedies can send a message. They can let these communities know that if they don't want to act, it's going to cost them.
Ultimately, these entities respond to the dollar, and sometimes only to the dollar. Perhaps it's time they received a loud and clear message that they should get on the phone with SCDNR when they see a big gator and have it removed as soon as possible. Otherwise, it's going to cost them.
Contact a South Carolina Alligator Attack Attorney for Help
Mrs. Cline's death was senseless and avoidable. People visit Hilton Head every year who do not have experience with alligators. I grew up in the area and went to Hilton Head Christian Academy. I know about the danger of gators, as most locals do. However, folks that didn't grow up around gators and don't have experience with them often don't know how fast and vicious they can be.
Knowing that people from all over, including areas without alligators, are going to visit the communities puts an even greater onus on these associations to vigilantly look for large gators and have them removed immediately.
If an alligator has attacked you or a loved one in a community in Hilton Head, Charleston, Myrtle Beach, or anywhere else in the Carolinas, the HOA or property management company may be liable for your damages. At Spetsas Buist Accident Injury Lawyers, we hold homeowners associations and community managers accountable for failing to protect residents from known alligator dangers.
We understand these organizations' responsibility to their guests and residents, even when they don't. When they choose inaction over resident safety, we want to send a message so families don't have to suffer.
Call us at 321-LAWSUIT for a free consultation. You pay nothing unless we win your case.