I feel bad for the family, but Disney has deep pockets.
I feel bad for the family, but Disney has deep pockets.
$20M
grabbed by a gator, drowned by a gator, thankfully not eaten by a gator.
Horrible, horrible, no amount of $$ is going to heal their hearts
They should (as per moral precepts) and could (as per legal precedent and negligence) get a very big pay day. It's clear Disney was criminally negligent and utterly stupid. They had this problem before and couldn't even do the bare minimum that Australians do, supposedly. Which is failing to even put up alligator warning signs (just "do not swim" warning signs). The toddler was just on the edge of the lagoon! A totally reasonable thing in a water resort region of a huge professional corporation/theme park company. They should have had a fence , net, etc.
Can you imagine a major beach at a major resort, with shark problems, not having a shark net or at least warning signs and such measures?
Could you imagine if universal studios or bush gardens or six flags had a man eating lion or tiger problem? In the surrounding and abutting woods? And suppose that they did jack sh1t with no fences, measures, signs?
It's a joke basically and even hardened juries are going to rule favorably.
$0.
While I feel really bad about what happened, Disney has no control over what wild animals do on their property. This is a great tragedy, however it was also foolish for the parents to let their 2 year old in the water at dusk-- prime eating time for gators. A two year old is about the right size for a gator to attack (frogs to chickens is about the size they eat). It is a tragedy but an accident, so Disney should not be liable.
Small child visits home of an animal whose wired to hunt slow moving prey at edge of swamp... And it's dinner time.
As unspeakable and tragic as the incident is, is Disney supposed to rid Florida of alligators now?
Wait until the Burmese Pythons make it to Disney World. You haven't seen anything yet.
POW wrote:
$0.
While I feel really bad about what happened, Disney has no control over what wild animals do on their property. This is a great tragedy, however it was also foolish for the parents to let their 2 year old in the water at dusk-- prime eating time for gators. A two year old is about the right size for a gator to attack (frogs to chickens is about the size they eat). It is a tragedy but an accident, so Disney should not be liable.
Wrong.
"The legal theory of premises liability holds property owners and residents liable for accidents and injuries that occur on that property. The kinds of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride."
POW wrote:
$0.
While I feel really bad about what happened, Disney has no control over what wild animals do on their property. This is a great tragedy, however it was also foolish for the parents to let their 2 year old in the water at dusk-- prime eating time for gators. A two year old is about the right size for a gator to attack (frogs to chickens is about the size they eat). It is a tragedy but an accident, so Disney should not be liable.
How is a family from out of state supposed to know there are Gators in the pond? You are paying $500 a night for a family friendly hotel which features on the lawn movie screenings and you are supposed to assume there are gators 20 yards away? No chance in hell.
Nope. Disney should have had signs up warning of gators. That being said, it's a horrible tragedy. This has never been an issue before. Very unlucky.
If they get money from this, people will start going to Disney just to throw their kids in the gator pit. We will start seeing a lot more kids "fall" into the gorilla or lion exhibits at zoos. Disney needs to set a precedent and sue the family for bad publicity.
POW wrote:
$0.
While I feel really bad about what happened, Disney has no control over what wild animals do on their property.
It would be PRECISELY because Disney cannot control wild animals on their property that they should think twice before having them and suffering the subsequent liability consequences.
But this is beside the point. The idea that Disney cannot exercise some degree of control over wild animals on their property is absurd anyway. How many zoos have you gone to where the elephants and lions mingle with the patrons?
Disney will be held liable but it is absurd to think that folks should not know that there are gators in freshwater throughout Florida. Basically, by making that claim, you are saying that "no chance in hell" the family is NOT made up of ignoramuses.
a lot of money
First, anyone who visits Florida should know you swim in the Ocean or a Pool only and you even check the pool before you get in.
BUT,
The Resort is liable and should settle ASAP.
a) The resort first needs to verbally let the adults checking in to not go near the lagoons - this should have been standard protocol.
b) signs need to say: Do not go near the water (with a picture of an alligator on the signs)
c) possibly a fence should be around the lagoon but I hear gators can climb so I would leave that to the experts (a 4' fence) I know that takes away from the beauty of the park
Iger's already been in touch with the family. The family will not have to concern themselves with anything monetarily in their future.
Disney has taken care of it and will continue to take care of it.
Les wrote:
POW wrote:$0.
While I feel really bad about what happened, Disney has no control over what wild animals do on their property. This is a great tragedy, however it was also foolish for the parents to let their 2 year old in the water at dusk-- prime eating time for gators. A two year old is about the right size for a gator to attack (frogs to chickens is about the size they eat). It is a tragedy but an accident, so Disney should not be liable.
Wrong.
"The legal theory of premises liability holds property owners and residents liable for accidents and injuries that occur on that property. The kinds of incidents that may result in premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on an amusement park ride."
Go skiing in Colorado, take a fall and try to sue the resort....see what happens. Or get hit by a foul ball at a Major League Baseball game, or how about get knocked in the head by a golf ball at a PGA tour event.
There is an assumption of risk here....sign says no swimming, kid was in the water. If the signs said there were gators and a kid got eaten, people would be shouting that the sign didn't say that the gators were man eaters. At some point people need to follow the rules. If the kid simply drowned, with no gator involved, would there still have been an outcry. I bet there would...."how dare they have this beautiful pond and there wasn't anyone to stop me from going in and drowning"
I don't live in Florida, but I know there are gators everywhere, including high end golf courses and Disneyworld. Remember Disney also has an incredible amount of political clout in the Orlando area.
That said, I bet money changes hands.
troof wrote:
If they get money from this, people will start going to Disney just to throw their kids in the gator pit. We will start seeing a lot more kids "fall" into the gorilla or lion exhibits at zoos. Disney needs to set a precedent and sue the family for bad publicity.
This is the dumbest thing I've read / heard all week, and I see and hear dumb @55 carp all the time in daily life, news media etc.
There are stories in the news right now and in the past about people arrested for fraud and shamed for selling off their kids , etc. Legal abuse occurs but not like what you are proposing.
Unless you are trying to troll and be humorous in some subtle way. If so keep At it.
While I feel bad for the kid and the family, who doesn't know about Gators in fresh water in FL? Seriously! Even retention ponds in subdivisions can be a potential hazard. Swim in the pool and or the ocean. Lakes have Gators in them as well. A little research goes a long way.
They end up jumping to a Kramer stýle settlement for unlimited trips to the resort, parents realize they may as well retire and just live at the happiest place on earth eating with Mickey every morning.
oslo 1983 wrote:
I feel bad for the family, but Disney has deep pockets.
Disney HQ
CEO: Bob Iger- Jeez, horrible. Cannot afford bad press here . I want this settled immediately. No trials, no more media, no circus.
Chief of Legal: Of course, boss. Let me put together a settlement package. Our liability insurance covers everything. I think $25M should do it.
CEO: One more thing, I need a head to roll. Somebody must be blamed. How about the Chief of Operations for the Orlando properties? I want his resignation.
Chief of Legal: Done and done. I'm getting on the phone with Lloyds.
CEO: Good. Get our PR department to prepare a press release.
Who Doesn't Know wrote:
While I feel bad for the kid and the family, who doesn't know about Gators in fresh water in FL? Seriously! Even retention ponds in subdivisions can be a potential hazard. Swim in the pool and or the ocean. Lakes have Gators in them as well. A little research goes a long way.
Why would people research things they didn't know they were supposed to research. That makes zero sense. I didn't know that gators are so free-roaming and present in Florida and I lived in the South for a decade. I doubt any friends of mine (that aren't from Florida) would know that.
I'd bet that most people would think gators were an expelled animal like wolves etc. They have been pushed into the wild, not currently living among humans like squirrels and pigeons.
I'm not offering an opinion on who is at fault. I just wanted to explain that your idea is wrong. Not everyone knows the "obvious" things you so and vice versa.
Its absurd to think that the guests of a resort should have to be aware of the possibility of man-eating reptiles on the property in the same way we would expect them to know the risks of stepping in front of a moving car.
This is a huge f@$kup on the part of Disney. A few posted signs is not enough.
The family is in for tens of millions.
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