Goosed Plaintiff May Sue

A decision issued today by the Mississippi Supreme Court

Janet Olier was attacked and chased by a domestic goose in Donna Bailey’s yard. As she attempted to flee, she fell and broke her arm. Olier sued Bailey in the County Court of Jackson County under a theory of premises liability and, alternatively, under the dangerous propensity rule. The trial court granted summary judgment because it found that Olier was a licensee on Bailey’s property and that Bailey did not breach her duty of care toward Olier. It also denied relief under the dangerous-propensity rule because there was no evidence that the particular goose that bit Olier ever had exhibited dangerous propensities prior to the incident. Olier appealed to the Jackson County Circuit Court, which affirmed. Olier then filed the instant appeal. We hold that, while Olier cannot, as a matter of law, pursue her claim under her theory of general premises liability as a matter of law, she can proceed under the dangerous-propensity theory. Accordingly, we affirm the trial court judgment in part, reverse it in part, and remand for further proceedings.

Plaintiff and Defendant met through a gardening website. Defendant had a “Beware- Attack Geese” sign in the yard.

Plaintiff visited defendant at her home to view a blooming banana plant and “ventured beyond the buckets” that contained drinking water for the yard geese.

Although armed with a bamboo pole to fight off geese attacks, plaintiff became frightened by one squawking and hissing goose. She threw the pole to the ground but the goose was able to nip her in the crotch area. She turned to flee, tripped over a bucket and broke her arm.

Damage claim: $200,000.  (Mike Frisch)