How much money should the parents of that boy who was eaten by a gator get from Disney?

I live in Florida and nearly every park one goes to that has water larger than a small pond has signs warning of the presence of alligators. Alligators are extremely prevalent here and those of us that live here are well aware that they can be in any freshwater, brackish water, and yes, even saltwater bodies (I have seen them in the surf at the Gulf of Mexico). This is because they travel from water body to water body. I have seen one when out on a run on a road... the 7 footer tried to hide in a large mud puddle to the side of the road as we all ran by (it was going from one lake to another - probably an expelled male) and regularly see them when running by water bodies. Just because we know the gators are around doesn't mean that someone from Nebraska is going to know this. Disney should have known there were issues already regarding gators (stupid tourists feeding them, which makes them far more dangerous, for example) and should have had warning signs about alligators posted. My bet is on a very large out-of-court settlement. The family will sadly not have their son, but they will never have to worry about anything in regards to finances ever again. Deservedly so.

Free tickets to Finding Nemo, a free pass to Disney, a nice Hallmark card that says "Sorry your baby got eat by an alligator"

I feel like those saying it isn't obvious alligators are extremely prevalent in Florida just have to live under a rock. I live in New York and know they're everywhere, especially ponds. Disney was negligent because of lack of protection provided (no fence). But there COULD be a case made for contributory negligence on the parents (letting their 2 year old at the water that has no swimming signs). I think it would be a cool case to see because there are some good angles for either side, but under the circumstances of it being Disney, it won't go to court and they'll settle with the family.

Sign says no swimming, and the kid was in the water. The parents are at fault. Why can't people follow rules? There's a reason there's a sign there.

$0.00. It was an unfortunate tragedy and just because Disney has money doesn't mean they should pay.

Avocado's Number wrote:

[Lotsa words but no info.]

I know you know your stuff, and I agree damages in wrongful death are a crapshoot, but what is your basis for suggesting negligence will be tricky to prove?

Disney knew of the gator presence. Disney encouraged guests to use the beach. Disney's signage did not mention any specific reason to not swim. A family from Nebraska quite reasonably would not realise that gators are everywhere, and specifically, would not expect a Disney hotel, in an urban area, to contain child eating animals.

Let me reiterate. No swimming, does not include wading. The kid was NOT swimming.

Here are some reasons swimming might not be allowed: the water is polluted; swimming would interfere with boat traffic; there are underwater obstructions related to light shows, filtration, or certain rides; there are no lifeguards so they don't want people to drown.

For all those reasons, one should not swim. But this kid was wading. Wading would not have a negative outcome if the sign was only there due to the above-mentioned hazards.

However, the main hazard, that Disney intentionally hid, was that there are often 8 foot, man eating, reptiles that lurk in the lagoon and, like any gator, are included to scramble out of the water and attack prey on the water's edge.

So the sign should have said, no wading, stay back from the water's edge. Danger alligators. If that was the case, we would have a totally different story.

I grew up in Florida, one hour from Disney. Lived two minutes from a lake in my hometown. Obviously knew about gators. Have been to Disney 50+ times as a kid and with my own children.

Love Disney, advocate personal responsibility and helicopter parenting, and generally hate lawsuits (like the McDonalds hot coffee in the lap one) but they should pay out the a$$ for this one.

- no signs warning of alligators. I have these in my hometown around lakes, despite never seeing a gator.

- kid was not swimming. Wading in ankle deep water with parents right there. I've been to that resort and have seen kids doing that dozens of times.

- British couple was chased by a gator at another resort close by on the same lake. Told Disney about it. Nothing was done.

- Disney is a closed resort. Should be no expectation of being mauled by a wild animal in what most people would assume is a closed, man made lake.

Don't think the "bear attack on the golf course " analogy holds here. More like getting mauled by a bear while playing putt putt golf in the Mall of America. No one would reasonably expect that.

10-20 million. Not that it will heal the pain.

Call me a bad parent if you want, but if I saw a "No Swimming" sign, I wouldn't let my kid swim, but I might let him wade in a bit if he wanted to. If I saw a "No Swimming or Wading Due to the Presence of Alligators" sign, I wouldn't let my kid near the water! Disney should have been more clear about the potential danger.

Disney will no doubt make sure that this family will never have to worry about money again, but the company will never be able to give them what they really want - their son back alive.

Could you possibly post more innocuous bs? At least advance the debate forward with your great knowledge of law.

Took 1 law class wrote:

I feel like those saying it isn't obvious alligators are extremely prevalent in Florida just have to live under a rock.

or they live in Florida and run into out of towners and state newbies all of the time who have no idea that alligators are all over the place.

Bad Parent wrote:

Call me a bad parent if you want, but if I saw a "No Swimming" sign, I wouldn't let my kid swim, but I might let him wade in a bit if he wanted to. If I saw a "No Swimming or Wading Due to the Presence of Alligators" sign, I wouldn't let my kid near the water! Disney should have been more clear about the potential danger.

Disney will no doubt make sure that this family will never have to worry about money again, but the company will never be able to give them what they really want - their son back alive.

Agree on both points.

This never even gets to the legal system.

Hey more than 1/2 the post was needless bragging which has come to define Avocado's MO. (that and his "legal" analysis is usually off base)

Could everyone who thinks that this occurred ad Disneyland please stop posting on this thread, as you obviously have not bothered to read up on even the most basic facts (including which side of the continent the event occurred on).

fdsvsvcx wrote:

I know you know your stuff, and I agree damages in wrongful death are a crapshoot, but what is your basis for suggesting negligence will be tricky to prove?

Disney knew of the gator presence. Disney encouraged guests to use the beach. Disney's signage did not mention any specific reason to not swim. A family from Nebraska quite reasonably would not realise that gators are everywhere, and specifically, would not expect a Disney hotel, in an urban area, to contain child eating animals.

That's the thing that makes me think Disney has a problem: it's a man-made beach.

If you don't want people in the water, why did you construct a beach?

Try watching the documentary movie Hot Coffee.

Everything you think you know about that case is absolutely wrong. The McDonalds PR department and their trial lawyers smeared that woman's reputation.

I am about to take my family to the Grand Floridian later this year. We've been there a few times and I often run along that path that goes from the GF to the Polynesian where the beach is laid out. There are always people on sun chairs or laying on towels in the sand. The odd thing is that the gator attack was right next to all of these things, it's not like the kid was out in some weird lagoon in the middle of nowhere. He was a few meters away from the beach.

Obviously this whole thing is just tragic. I spent most of my life in Charleston, SC and I am used to seeing gators everywhere. Growing up, we used to swim in lagoons and in brackish water all the time. I would never think of letting my kids do that.

My parents live near brackish deep water in Georgetown, SC and we see gators from their dock all the time. We have to be careful with the kids and with pets. I have seen big boy gators out there, like 12-15 feet. We've called them in a lot, but you'd be on the phone a few times a day if you called in every gator over 6 feet. At a certain point, gators are going to find water and if you have a huge man-made body of water, it is going to attract gators. We used to find them in pools all the time in SC.

I think the man-made beach thing is a really bad idea. You just cannot keep them out. I am not sure how that ever passed.

Disner wrote:

I am about to take my family to the Grand Floridian later this year. We've been there a few times and I often run along that path that goes from the GF to the Polynesian where the beach is laid out.

Switch to running-related topic: I've run there too. Kinda crummy running between the Grand and the Polynesian. Too many people and other obstacles. Walkways are curvy so you can't really keep a brisk pace.

The only half-decent areas for running I've found is Ft. Wilderness and Coronado Springs. But even that is not so good. Treadmill is often your best bet.

Even though they have printed running courses at most resorts, those walkways are not really meant for running. Disney doesn't want you to spend your time running. They want you doing something that involves spending money.