Gator drags child into water near Disney's Grand Floridian

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Just read that Disney is removing the alligator joke during The Jungle Cruise and will begin putting "Warning alligator" signs up around the lakes on their property.

Yes these should have been up prior to this, but at least they are doing it now to avoid any further possibilities.
 
http://www.thewrap.com/gator-attack...-staffer-asked-for-fence-at-lagoon-exclusive/

“Disney has known about the problem of guests feeding the alligators well-prior to the opening of the bungalows,” said the insider. “With the opening of the bungalows, it brought the guests that much closer to wildlife. Or, the wildlife that much closer to the guests.”

Disney is interested in making money. Expensive new suites closer to nature. Guests feeding alligators. One got too hungry.

At some point, we can't keep blaming the guests. Disney has the power to change all of this. Gators are being fed and now, probably expect humans to provide food. That's a classic human animal interaction.
 
http://www.thewrap.com/gator-attack...-staffer-asked-for-fence-at-lagoon-exclusive/

Disney is interested in making money. Expensive new suites closer to nature. Guests feeding alligators. One got too hungry.

At some point, we can't keep blaming the guests. Disney has the power to change all of this. Gators are being fed and now, probably expect humans to provide food. That's a classic human animal interaction.

If this is true and cast members come forward for the attorney's of the family, Disney would be fucked, burying the families lawyers in litigation or not, putting that in front of the jury with cast members claiming they did report it and having proof would be the death kneel of Disney's "picture perfect theme park."
 
People at work today pretty much putting full blame on the kid and parents which pissed me off. My perspective is nobody is expecting to be eaten by a damn alligator in the actual Disney Resort. There wasnt a blockade saying 'you gonna get eaten if you cross'.
 
If this is true and cast members come forward for the attorney's of the family, Disney would be fucked, burying the families lawyers in litigation or not, putting that in front of the jury with cast members claiming they did report it and having proof would be the death kneel of Disney's "picture perfect theme park."

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you do know disney has been sued before right? You do know that central florida would be a ghost town if it was not for disney, right?

I mean you surely know that disney parks bring in 100mil a day, provides thousands of jobs and would bury florida if it tanked, right?

I hate to burst your bubble, but im sure disney is already in talks with the family and will settle out of court for a few mil. Then this time next week, the kid will be buried, the parents will still mourn, we will move on and disney will continue to print money, much to your dismay
 
you do know disney has been sued before right?

Yes.

You do know that central florida would be a ghost town if it was not for disney, right?

Yes?

provides thousands of jobs and would bury florida if it tanked, right?

Debatable. Disney going wouldn't leave the other parks not to fill in. Besides which, other industries would take those people since most of those folks are entry level.

but im sure disney is already in talks with the family and will settle out of court for a few mil. Then this time next week, the kid will be buried, the parents will still mourn, we will move on and disney will continue to print money, much to your dismay

I don't doubt that, but again: If Cast members come forward for the families attorneys and say "yeah, we said to them they should do something about the patrons feeding the alligators and they didn't do shit" you can be damn sure Disney would be fucked if the family didn't take the settlement.
 
Yes.



Yes?



Debatable. Disney going wouldn't leave the other parks not to fill in. Besides which, other industries would take those people since most of those folks are entry level.



I don't doubt that, but again: If Cast members come forward for the families attorneys and say "yeah, we said to them they should do something about the patrons feeding the alligators and they didn't do shit" you can be damn sure Disney would be fucked if the family didn't take the settlement.

and why would cast members do that? You assume that this would even get that far. You are, im sure aware, that disney has the backs of the government, local and state and already have had the wild life commission state they do things by the books on property. Disney is a billion $ corp and their lawyers will bury this faster than people will forget this kids name.

Another fact im sure you're unaware of is this disney is apart of florida and is technically its own city, lake beuna vista, they are required by US and State laws to have a certain % of their land dedicated to wild life preservation, meaning there are wild animals all over disney world. Disney built over their natural habitat and was required to ensure they have a place to live. Disney is not liable for warning against gators in its natural habitat, in good taste, sure, required? far from it. Suing disney for a gator attack would be like suing florida for having too many hurricanes.

But hey, lets ignore that the kid was the only person in a foot of water, at night with no lighting, in an area that had no swimming signs that also stated that there was deep drop offs and had he gone another foot in, he would have drown on his own, but hey, its ok for people to ignore signs as long as we can blame big bad disney


Now you can go back to your wet dream about bankrupting an entire state.
 
But hey, lets ignore that the kid was the only person in a foot of water, at night with no lighting, in an area that had no swimming signs that also stated that there was deep drop offs and had he gone another foot in, he would have drown on his own, but hey, its ok for people to ignore signs as long as we can blame big bad disney
This is a freak accident that could have occurred regardless of what preventative measures Disney took; however, it's becoming increasingly clear that they were in the wrong here, legally speaking. If Disney knew of the presence of alligators, they had a legal duty of care to warn their public invitees of this. A "No Swimming" sign by itself is inadequate. Further direct knowledge of public interaction with alligators and related exacerbating factors, such as guests feeding the alligators, without responding with the minimum legally-required action (i.e., erecting appropriate signage) could shift this case from being negligence on Disney's part to recklessness, which could carry the potential for punitive damages should the a case go to court.
 
This is a freak accident that could have occurred regardless of what preventative measures Disney took; however, it's becoming increasingly clear that they were in the wrong here, legally speaking. If Disney knew of the presence of alligators, they had a legal duty of care to warn their public invitees of this. A "No Swimming" sign by itself is inadequate.

I agree the signing needs to be (and will be) changed, but I'm curious what the law actually says regarding signs about native wildlife. I get why it seems plausible for Disney to be legally in the wrong here, but is anyone here actually familiar with the relevant laws about this? I'd be interested to find out what they specifically say
 
Just read that Disney is removing the alligator joke during The Jungle Cruise and will begin putting "Warning alligator" signs up around the lakes on their property.

Yes these should have been up prior to this, but at least they are doing it now to avoid any further possibilities.

Why don't they remove the Alligators from the fucking resort is what I don't get? Any place where there are lots of people these things should be monitored. I love most animals but fuck venomous snakes, alligators, and black widows. All of which we have here, of course.

I'm a Floridian and I'll be damned if I'm going out like that.
 
Why don't they remove the Alligators from the fucking resort is what I don't get? Any place where there are lots of people these things should be monitored. I love most animals but fuck venomous snakes, alligators, and black widows. All of which we have here, of course.

I'm a Floridian and I'll be damned if I'm going out like that.

They actually remove the alligators on an regular basis but they always find a way to make it back in. There's millions of them down there.
 
Why don't they remove the Alligators from the fucking resort is what I don't get? Any place where there are lots of people these things should be monitored. I love most animals but fuck venomous snakes, alligators, and black widows. All of which we have here, of course.

I'm a Floridian and I'll be damned if I'm going out like that.

Someone said its connected to protected lands and waterways. They will always find a way back.
 
and why would cast members do that? You assume that this would even get that far. You are, im sure aware, that disney has the backs of the government, local and state and already have had the wild life commission state they do things by the books on property. Disney is a billion $ corp and their lawyers will bury this faster than people will forget this kids name.

Another fact im sure you're unaware of is this disney is apart of florida and is technically its own city, lake beuna vista, they are required by US and State laws to have a certain % of their land dedicated to wild life preservation, meaning there are wild animals all over disney world. Disney built over their natural habitat and was required to ensure they have a place to live. Disney is not liable for warning against gators in its natural habitat, in good taste, sure, required? far from it. Suing disney for a gator attack would be like suing florida for having too many hurricanes.

But hey, lets ignore that the kid was the only person in a foot of water, at night with no lighting, in an area that had no swimming signs that also stated that there was deep drop offs and had he gone another foot in, he would have drown on his own, but hey, its ok for people to ignore signs as long as we can blame big bad disney


Now you can go back to your wet dream about bankrupting an entire state.

Do you work for Disney? Relax.
 
I agree the signing needs to be (and will be) changed, but I'm curious what the law actually says regarding signs about native wildlife. I get why it seems plausible for Disney to be legally in the wrong here, but is anyone here actually familiar with the relevant laws about this? I'd be interested to find out what they specifically say

I doubt there are specific laws which address posting warning signs about wildlife, but the general standard in negligence cases is "reasonable care." Or, in other words, did the Defendant take reasonable measures to prevent injury. I think this situation is far from clear, given that Disney was regularly reducing the alligator population, posted warning signs to keep people out of the water and no prior attacks of this nature had occurred before. But, it's most likely that both Disney and the family will want to settle any dispute, so we're unlikely to see an actual legal resolution.
 
At some point, we can't keep blaming the guests. Disney has the power to change all of this. Gators are being fed and now, probably expect humans to provide food. That's a classic human animal interaction.

How is it Disney's fault for stupid people interacting with wildlife?? Have you seen those damn birds in Frontierland that practically attack you for food? Because some guest thought it was cute to feed the birds. Same thing with the ducks. There's signs posted everywhere, do not feed the wildlife.

Even in the news lately, national parks with stupid guests interacting with wildlife and not following the rules and disturbing nature. People have this mentality that we're above all other creatures on this planet, that we some how rule this land. Nature is nature, and it will always be above humans. The only thing we're good at doing is destroying it by ignoring common sense.

Gators will always be present in Florida, they will always be present at Disney World. The only thing we can hope for is for people to start respecting nature and not disturbing it.
 
Yo regardless of "whose at fault", swimming at night in Florida is probably not a good idea whether it's a lagoon, a swamp, a beach, a dimly lit pool, etc

Water predators do their thing at night
 
This is a freak accident that could have occurred regardless of what preventative measures Disney took; however, it's becoming increasingly clear that they were in the wrong here, legally speaking. If Disney knew of the presence of alligators, they had a legal duty of care to warn their public invitees of this. A "No Swimming" sign by itself is inadequate. Further direct knowledge of public interaction with alligators and related exacerbating factors, such as guests feeding the alligators, without responding with the minimum legally-required action (i.e., erecting appropriate signage) could shift this case from being negligence on Disney's part to recklessness, which could carry the potential for punitive damages should the a case go to court.

Do you think there is a sign in every body of water warning of gators? Nah

Same with every other place that might harbor wild life.

You don't see beware of gator signs in front of people's homes and yet there are gators that come right up to people's doors. Like I said, Disney had no swimming signs up, to normal people, this is enough to keep them out, yet I'm sure if there was a beware of gator sign, it would still be ignored. Let's face it, people are dumb. This is the first time in the grands existence that this has happened with thousands of similar movie nights being held in the very same spot.
 
How is it Disney's fault for stupid people interacting with wildlife?? Have you seen those damn birds in Frontierland that practically attack you for food? Because some guest thought it was cute to feed the birds. Same thing with the ducks. There's signs posted everywhere, do not feed the wildlife.

Even in the news lately, national parks with stupid guests interacting with wildlife and not following the rules and disturbing nature. People have this mentality that we're above all other creatures on this planet, that we some how rule this land. Nature is nature, and it will always be above humans. The only thing we're good at doing is destroying it by ignoring common sense.

Gators will always be present in Florida, they will always be present at Disney World. The only thing we can hope for is for people to start respecting nature and not disturbing it.
They went out of their way to build a man made beach that no one should swim at.

'Beach looks great besides the Gators. This will be great for families with kids.' Really?

Plenty of Florida beaches without Gators. They wanted to be special?

Now, they know people are feeding the Gators. Everyone knows animals lose their chill when you feed them. They form an interaction with humans and stop being fearful. They come around humans more. Imagine ducks at the park. The asshole ducks that yell at you for food. Now imagine asshole gators waiting outside of your house.

They are not at fault for the humans feeding, they are at fault for MAKING A MAN MADE BEACH NEXT TO GATOR LAND AND MAKING MORE EXPENSIVE HUTS. Just to make another dollar.

When you build something like this, it's your duty to protect your visitors. Not just a sign. Proactively protect them. You have friends over your house and the water heater is broken and gives hot water at 200°F? Go fix it. Don't just put up a sign.

Gators or snakes hang out in your backyard? You won't let people go out back. Be a good friend and tell me to stay inside, with my kids. You better, or I'll beat the shit out of you for not telling me.

This isn't hard. Everyone does this. But we are supposed to give Disney a pass?
 
http://www.thewrap.com/gator-attack...-staffer-asked-for-fence-at-lagoon-exclusive/



Disney is interested in making money. Expensive new suites closer to nature. Guests feeding alligators. One got too hungry.

At some point, we can't keep blaming the guests. Disney has the power to change all of this. Gators are being fed and now, probably expect humans to provide food. That's a classic human animal interaction.

Well, by your own admission, aren't they the ones feeding the gators?
 
Well, by your own admission, aren't they the ones feeding the gators?
So if i build a pool, without a fence, and a neighborhood kids jumps into it and drowns, i can use the 'he did it' defense?

A lot of communities force you to protect others from themselves. You build it, you have to go out of your way to protect them. A kid could be stone drunk. No fence around your pool, on your property, and you'll be at fault.

And that makes sense. You can't just put up a sign.

This is Disney property. They have to protect their guests. That most recent article suggests they knew people were feeding the gators so they should have known the animals would behave differently and taken other precautions. Others mentioned that these late night movies happen all the time. No defense. Now, Disney knows the animals are having a different interaction with humans and should take additional precautions. Gonna be hard to justify not having a life guard or someone to direct people out of the alligator infested water when they should have reasonable known the gators were more of a danger.

This is like a slam dunk case.
 
This is like a slam dunk case.


it seems no matter how hard i try, common sense is absent in this thread, so i'll go ahead and let everyone read this:

http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

Basically says everything i have been posting.

The ferae naturae doctrine really only says that a resort or other landowner is not automatically liable for what wild animals on the property may do, but only so long as the animal is native, and the landowner didn't keep the animal as a hotel pet.

What if, as has been reported, Disney posted "No Swimming" signs? The signage will be critical, too. When it comes to alligator attacks, courts in Florida have held that a swimmer's disregard of "No Swimming" and other warning signs were the sole cause of the serious injuries.

Like i said, Flordia law protects against situations like this. Is it floridas job to protect its citizens? Should there be a warning sign in every every pond warning of gators, snakes, spiders, bobcats ect? The Seven Seas Lagoon is protected by wildlife and nature preservation laws that will slam anyone trying to sue for an act of nature, use common sense and dont ignore signs.

Now, like i said before, new signs will go up, disney will settle, we will forget lanes name by next week and thousands of people will pour into the magic kingdom today not caring what happened across the pond.
 
it seems no matter how hard i try, common sense is absent in this thread, so i'll go ahead and let everyone read this:

http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

Basically says everything i have been posting.

The ferae naturae doctrine really only says that a resort or other landowner is not automatically liable for what wild animals on the property may do, but only so long as the animal is native, and the landowner didn't keep the animal as a hotel pet.

What if, as has been reported, Disney posted "No Swimming" signs? The signage will be critical, too. When it comes to alligator attacks, courts in Florida have held that a swimmer's disregard of "No Swimming" and other warning signs were the sole cause of the serious injuries.

Like i said, Flordia law protects against situations like this. Is it floridas job to protect its citizens? Should there be a warning sign in every every pond warning of gators, snakes, spiders, bobcats ect? The Seven Seas Lagoon is protected by wildlife and nature preservation laws that will slam anyone trying to sue for an act of nature, use common sense and dont ignore signs.

Now, like i said before, new signs will go up, disney will settle, we will forget lanes name by next week and thousands of people will pour into the magic kingdom today not caring what happened across the pond.

What a shitty outlook you have - this boy will always be remembered for this tragic incident. Actually there should be signs when there's a big tourist destinations of what could be in the waters as a precaution to your guests who you had a movie party with on the beach.
 
What a shitty outlook you have - this boy will always be remembered for this tragic incident. Actually there should be signs when there's a big tourist destinations of what could be in the waters as a precaution to your guests who you had a movie party with on the beach.

Its called facing reality. It sucks what happened. I prayed for that family, nobody should lose a son right in front of your eyes like that, but its the reality of the situation. You cant go through life being blind on how the world works. You can even see it on Neogaf, first it was the Gorilla at the zoo outrage, then rape trial that the kid got six months, then the night club shooting (this one is still on going i know) and now this.

I will probably remember the kid the next time i go down to disney and in all honesty, disney should put up a small memorial for him.
 
I have tears in my eyes, I feel so sorry for that child, this is so cruel.
I can't even begin to imagine what those parents are going through.
 
it seems no matter how hard i try, common sense is absent in this thread, so i'll go ahead and let everyone read this:

http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

Basically says everything i have been posting.

The ferae naturae doctrine really only says that a resort or other landowner is not automatically liable for what wild animals on the property may do, but only so long as the animal is native, and the landowner didn't keep the animal as a hotel pet.

What if, as has been reported, Disney posted "No Swimming" signs? The signage will be critical, too. When it comes to alligator attacks, courts in Florida have held that a swimmer's disregard of "No Swimming" and other warning signs were the sole cause of the serious injuries.

Like i said, Flordia law protects against situations like this. Is it floridas job to protect its citizens? Should there be a warning sign in every every pond warning of gators, snakes, spiders, bobcats ect? The Seven Seas Lagoon is protected by wildlife and nature preservation laws that will slam anyone trying to sue for an act of nature, use common sense and dont ignore signs.

Now, like i said before, new signs will go up, disney will settle, we will forget lanes name by next week and thousands of people will pour into the magic kingdom today not caring what happened across the pond.

I think this thread has proven that "No swimming" does not equal "STAY THE HELL OUT OF THE WATER" to many people around the world so that is the knock against Disney. Also it may be common knowledge to everyone in Florida that gators are everywhere but again many in this thread have said they had no idea that was the case. I myself knew Florida had gators but I always assumed they lived in the everglades and not right inside cities.

Disney can't rely on the "b-b-but everyone that lives here knows to stay out of the water" defense. The fact that they are putting up new signs shows they now realize that a "No swimming" sign is inadequate. Like many have said Disney will settle if the family sues but Disney will pay a large sum, even if it amounts to a drop in the bucket for them. They wouldn't want to risk this going to court.

Also, WTF dude saying no one will remember this kids death.
 
I think this thread has proven that "No swimming" does not equal "STAY THE HELL OUT OF THE WATER" to many people around the world so that is the knock against Disney. Also it may be common knowledge to everyone in Florida that gators are everywhere but again many in this thread have said they had no idea that was the case. I myself knew Florida had gators but I always assumed they lived in the everglades and not right inside cities.

Disney can't rely on the "b-b-but everyone that lives here knows to stay out of the water" defense. The fact that they are putting up new signs shows they now realize that a "No swimming" sign is inadequate. Like many have said Disney will settle if the family sues but Disney will pay a large sum, even if it amounts to a drop in the bucket for them. They wouldn't want to risk this going to court.

Also, WTF dude saying no one will remember this kids death.


Read my post above. Its a little harsh, im sure people will remember, im just meaning people wont care.

also

From Palumbo v Game & Fresh Water Fish Commission, which was an alligator attack case: "The law of Florida does not require the owner or possessor of land to anticipate the presence of or to guard an invitee or trespasser against harm from wild animals unless one of two conditions exists: the animal has been reduced to possession, or the animal is not indigenous to the locality but has been introduced onto the premises. Appellees had not reduced the alligator to possession before the attack, and since alligators are indigenous to Florida, appellees were not required to have the alligator under dominion and control."

In addition, when fire ants killed a mobile park tenant and the widow sued for negliance, the courts found "the law does not require the owner or possessor of land to anticipate the presence of or guard an invitee against harm from animals ferae naturae (wild animals) unless such owner or possessor has reduced the animals to possession, harbors such animals, or has introduced onto his premises wild animals not indigenous to the locality. Wamser v. City of St.Petersburg, 339 So. 2d 244, 246 (Fla. 2nd DCA, 1976).On the basis that the owner of the mobile home park had no knowledge of a wild animal attack in the area, that being fire ants, and that the mobile home park attempted through maintenance efforts and exterminators to treat any fire ant mounds, the trial court did not err in determining that the landlord owned no duty to its tenants."


those are the referenced laws for anyone wondering
 
I think this thread has proven that "No swimming" does not equal "STAY THE HELL OUT OF THE WATER" to many people around the world so that is the knock against Disney. Also it may be common knowledge to everyone in Florida that gators are everywhere but again many in this thread have said they had no idea that was the case. I myself knew Florida had gators but I always assumed they lived in the everglades and not right inside cities.

Disney can't rely on the "b-b-but everyone that lives here knows to stay out of the water" defense. The fact that they are putting up new signs shows they now realize that a "No swimming" sign is inadequate. Like many have said Disney will settle if the family sues but Disney will pay a large sum, even if it amounts to a drop in the bucket for them. They wouldn't want to risk this going to court.

Also, WTF dude saying no one will remember this kids death.

Yes you are right it's clear No Swimming does not mean the same to everyone, this incident has clearly shown that. HOWEVER by law Disney followed everything to a tee. Did Disney go above and beyond, no and they should have. However technically by the law it appears Disney and its lawyers followed everything correctly.

Disney is however making changes as has been noted, they are going to start putting up alligator warning signs. I personally feel these should have been up since day 1. I'll be up front I'm a HUGE Disney fan, a fanatic almost, but I can admit Disney did not do enough to protect everyone here.

Regarding Disney knowing people feed Gators, this has been known for ages, it's why "No Feeding Wildlife" signs are all over Disney, in an almost annoying fashion how many are up and I still see people, every trip, feed animals like crazy. Disney does what they can stop this, but they can't control everyone at all times.

Disney will settle with this family and take care of them in a major way. They will never get their son back and will never be whole again, it is no one's "fault", this was a freak accident (gator attacks are very rare in Florida) and a horrific one at that, but Disney will do everything in their power to help this family heal even a little (as they will never be fully healed after this).
 
Disney will settle with this family and take care of them in a major way. They will never get their son back and will never be whole again, it is no one's "fault", this was a freak accident (gator attacks are very rare in Florida) and a horrific one at that, but Disney will do everything in their power to help this family heal even a little (as they will never be fully healed after this).

I hope so. Ideally it would be nice if lawyers never get involved although I'm sure some have already have gotten to the family. Good on Disney though if they compensate the family in some way (yes I know nothing will bring back their kid) that the family doesn't even consider bringing this to court.
 
Read my post above. Its a little harsh, im sure people will remember, im just meaning people wont care.

also

From Palumbo v Game & Fresh Water Fish Commission, which was an alligator attack case: "The law of Florida does not require the owner or possessor of land to anticipate the presence of or to guard an invitee or trespasser against harm from wild animals unless one of two conditions exists: the animal has been reduced to possession, or the animal is not indigenous to the locality but has been introduced onto the premises. Appellees had not reduced the alligator to possession before the attack, and since alligators are indigenous to Florida, appellees were not required to have the alligator under dominion and control."

In addition, when fire ants killed a mobile park tenant and the widow sued for negliance, the courts found "the law does not require the owner or possessor of land to anticipate the presence of or guard an invitee against harm from animals ferae naturae (wild animals) unless such owner or possessor has reduced the animals to possession, harbors such animals, or has introduced onto his premises wild animals not indigenous to the locality. Wamser v. City of St.Petersburg, 339 So. 2d 244, 246 (Fla. 2nd DCA, 1976).On the basis that the owner of the mobile home park had no knowledge of a wild animal attack in the area, that being fire ants, and that the mobile home park attempted through maintenance efforts and exterminators to treat any fire ant mounds, the trial court did not err in determining that the landlord owned no duty to its tenants."


those are the referenced laws for anyone wondering

Anybody who thinks Disney won't shower these people with money is insane.
 
Also for those of you who ask why they don't just get rid of the gators, do remember they have to follow Florida law. Here's a good quote from a recent article:

https://www.yahoo.com/gma/disney-post-signs-warning-alligators-2-old-boy-000410400--abc-news-topstories.html

Disney said it has a permit that allows officials to legally capture any alligator that’s deemed a nuisance, or is at least 4-feet long and poses a threat to people, pets or property. Gators that are 4-feet long or under are caught and released at Disney’s Conservation Area, the company said.

A technician from the company’s pest management team is automatically dispatched within 15 minutes after guests report an alligator sighting to a Disney cast member. According to Disney, the technician checks the area for any roaming gators. If one is found on land, the technician will try coaxing the reptile back into the water if possible before determining whether the gator needs to be captured.

Almost a third of Walt Disney World property is set aside as a conservation area, which attracts a variety of native wildlife including American alligators, according to Disney.
 
If this is true and cast members come forward for the attorney's of the family, Disney would be fucked, burying the families lawyers in litigation or not, putting that in front of the jury with cast members claiming they did report it and having proof would be the death kneel of Disney's "picture perfect theme park."
Holy shit this is adorable.

Disney will settle. Everyone has a price. The family will get paid to keep quiet. Just like with every other lawsuit going on at this moment, it will go away.
 
I think this thread has proven that "No swimming" does not equal "STAY THE HELL OUT OF THE WATER" to many people around the world so that is the knock against Disney. Also it may be common knowledge to everyone in Florida that gators are everywhere but again many in this thread have said they had no idea that was the case. I myself knew Florida had gators but I always assumed they lived in the everglades and not right inside cities.

Disney can't rely on the "b-b-but everyone that lives here knows to stay out of the water" defense. The fact that they are putting up new signs shows they now realize that a "No swimming" sign is inadequate. Like many have said Disney will settle if the family sues but Disney will pay a large sum, even if it amounts to a drop in the bucket for them. They wouldn't want to risk this going to court.

Also, WTF dude saying no one will remember this kids death.

Subsequent remedial measures (putting up signs after an accident, changing a product, etc.) are normally inadmissible in court under federal rules of evidence/procedure and the same standard typically applies in the majority of states.

Disney will settle and this will just be a tragedy no one hopes will be repeated.
 
Subsequent remedial measures (putting up signs after an accident, changing a product, etc.) are normally inadmissible in court under federal rules of evidence/procedure and the same standard typically applies in the majority of states.

Disney will settle and this will just be a tragedy no one hopes will be repeated.

In act it will be seen as a mea culpa.


I went to the same resort, same beach and assumed, because the beach ENCOURAGES paddling, deliberately, that the No Swimming signs were for drowning and muck.

If there had been, "Caution, Gators" signs, I would not have let my then three year old daughter paddle. Because I understand how Gators work.
 
In act it will be seen as a mea culpa.


I went to the same resort, same beach and assumed, because the beach ENCOURAGES paddling, deliberately, that the No Swimming signs were for drowning and muck.

If there had been, "Caution, Gators" signs, I would not have let my then three year old daughter paddle. Because I understand how Gators work.

Yup. There's a gaping chasm of difference between "no swimming" and "gators". Most people would not assume a no swimming sign was to prevent people from getting killed for touching the water. Gators? Stay the hell away.
 
Alligators are really a miracle of nature. Human society has made thousands of animals extinct and is decimating other animals like elephants and lions but alligators are so resourceful that they literally can't keep them out of the middle of Disney World.
 
From Palumbo v Game & Fresh Water Fish Commission, which was an alligator attack case: "The law of Florida does not require the owner or possessor of land to anticipate the presence of or to guard an invitee or trespasser against harm from wild animals unless one of two conditions exists: the animal has been reduced to possession, or the animal is not indigenous to the locality but has been introduced onto the premises. Appellees had not reduced the alligator to possession before the attack, and since alligators are indigenous to Florida, appellees were not required to have the alligator under dominion and control."

You need to read the rest of this case. You're selectively quoting it. If Disney knew of alligators being in those waters, they have a legal duty to warn invitees of their presence. A "No Swimming" sign is not specific enough.
 
You need to read the rest of this case. You're selectively quoting it. If Disney knew of alligators being in those waters, they have a legal duty to warn invitees of their presence. A "No Swimming" sign is not specific enough.

I'll re-quote and highlight the important parts

"The law of Florida does not require the owner or possessor of land to anticipate the presence of OR to guard an invitee or trespasser against harm from wild animals unless one of two conditions exists: the animal has been reduced to possession, or the animal is not indigenous to the locality but has been introduced onto the premises. Appellees had not reduced the alligator to possession before the attack, and since alligators are indigenous to Florida, appellees were not required to have the alligator under dominion and control."

It does not matter if disney knew there were gators there, 1/3 of disney world is dedicated to wild life preservation, gators are indigenous to florida. They are to be expected.

We can argue law all day long, All im saying is, if the family decided to sue instead of accept disney's settlement, they would crash and burn. The law heavily favors tourisim, not the tourist.
 
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