Alligator dragged 2 year old into 7 seas lagoon

[Magpie]

Sorry OT
I can assure you that a real Quebecois would say Mange mes bobettes and not briefs... I know this first hand, I am one of those pesky French-Canadian.

It's Franglais!

Most of my friends spoke some version of Franglais, talking about going out for "le weekend". I got into a heated debate with my French teacher in high school, because I was sure "le char" was correct (my friends pronounced it like they were saying "car") and she was telling me I had to use "la voiture". "But, Madame, no one says that!"

She wouldn't accept l'auto, either. Too close to English, I think!

 

[ElizabethB]

From this morning's New York Times: a partner at a Miami law firm that has represented families after alligator attacks elsewhere, said that in this case, "the facts look horrible for Disney."

 

[Sanchez]

From this morning's New York Times: a partner at a Miami law firm that has represented families after alligator attacks elsewhere, said that in this case, "the facts look horrible for Disney."

Really? A plaintiff's lawyer? A plaintiff's lawyer trying to get the case? A high profile case? Said that? You don't say.

The best facts for the case (meaning a payout and a large fee) are that there is a dead two year old and it happened on Disney property. Regardless of the law (which is an uphill battle for a plaintiff here) these limited facts would likely drive a settlement.

 

[TLSnell1981]

Disney should have warning signs at the very least. Their apparent lack of action or concern when gators were spotted in guest areas is inexcusable. IMO

 

[CPanther95]

Disney should have warning signs at the very least. Their apparent lack of action or concern when gators were spotted in guest areas is inexcusable. IMO

They definitely don't want to go to court. The fact that nothing similar has happened in the past 40 years should help them show that it was not a risk that could have been anticipated - but it would be far too easy for a plaintiff to show that the risk should have been anticipated anyway.



EDIT: Just saw a report on the news where they are saying that alligator warnings are posted at other resorts on the 7 Seas Lagoon, just not at the Grand Floridian. If true, they better settle fast.

 

[Dizneefamily+4]

If you're attacked by a shark or a stingray or jellyfish while at a resort in the surf at that resort's beach (I'm not talking about Disney,) would you have any standing to sue? Or would that resort feel compelled to offer a settlement? My heart is broken for this family, I'm just tired of how litigious our society has become and how every unfortunate circumstance leads to a lawsuit or a financial settlement to avoid a lawsuit.

 

[Goofy_Disney_Dad]

 

[gottaluvPluto]

If you're attacked by a shark or a stingray or jellyfish while at a resort in the surf at that resort's beach (I'm not talking about Disney,) would you have any standing to sue? Or would that resort feel compelled to offer a settlement? My heart is broken for this family, I'm just tired of how litigious our society has become and how every unfortunate circumstance leads to a lawsuit or a financial settlement to avoid a lawsuit.

You forgot to add alligator to your list. Alligators have been found in salt water (atlantic ocean) several times.

http://jacksonville.com/breaking-news/2014-07-09/story/gator-spotted-floating-ocean-florida

 

[mummabear]

I hope they don't sue Disney.

I can see Disney comping their rooms, meals, tickets, and transportation back home. NOTE: I don't think Disney HAS to do that, but I think it would be the "right" thing to do.

This is one was where I hope they do, I don't think I have ever said that before.
But no matter how much is paid out it won't help their pain, it won't bring back their sweet boy

 

[morgan98]

If you're attacked by a shark or a stingray or jellyfish while at a resort in the surf at that resort's beach (I'm not talking about Disney,) would you have any standing to sue? Or would that resort feel compelled to offer a settlement? My heart is broken for this family, I'm just tired of how litigious our society has become and how every unfortunate circumstance leads to a lawsuit or a financial settlement to avoid a lawsuit.

This is my first post on this thread, but this is my question as well. This is a horrible tragedy. Really, I keeping thinking it is like something out of a novel or a horror movie. I also understand we can all debate what the sign said or didn't say and what the words on the sign mean to different people.

However, this is a wild animal in its natural habitat (although on Disney property). So, I guess we can say Disney is responsible for the behavior of this wild animal? I was wondering about shark attacks or things like that too. Should a city or state be sued when there is a shark attack off it's public beach?

 

[mummabear]

If you're attacked by a shark or a stingray or jellyfish while at a resort in the surf at that resort's beach (I'm not talking about Disney,) would you have any standing to sue? Or would that resort feel compelled to offer a settlement? My heart is broken for this family, I'm just tired of how litigious our society has become and how every unfortunate circumstance leads to a lawsuit or a financial settlement to avoid a lawsuit.

Depends, did this resort create both the water and the beach itself? Did this resort have warnings about sharks etc in the water?
Did this resort know that there were sharks as recently as that day but continue with their dive in movie in that water?

 

[mummabear]

This is my first post on this thread, but this is my question as well. This is a horrible tragedy. Really, I keeping thinking it is like something out of a novel or a horror movie. I also understand we can all debate what the sign said or didn't say and what the words on the sign mean to different people.

However, this is a wild animal in its natural habitat (although on Disney property). So, I guess we can say Disney is responsible for the behavior of this wild animal? I was wondering about shark attacks or things like that too. Should a city or state be sued when there is a shark attack off it's public beach?

Note that public beaches are often shut due to shark sightings, Disney still ran their night time movie night on a beach where they had had an alligator sighting that day.

 

[gottaluvPluto]

Note that public beaches are often shut due to shark sightings, Disney still ran their night time movie night on a beach where they had had an alligator sighting that day.

I have lived in Florida (near a beach) over 30 years and they have never been closed for a shark. If that was the case, the beach would never be open. Seriously, I have friends that fly over the beach all the time and see sharks swim near people most of the time.

 

[Goofy_Disney_Dad]

A question for any legal professionals reading this thread:

My understanding of strict liability and how it applies to wild animals is elementary at best, but my curiosity is getting the best of me. Since Disney owned the land where these wild animals live, are those wild animals considered owned by Disney as well? Would/could strict liability be applied or successfully argued under these types of circumstances? I realize it applies with dangerous animals privately owned, but I wondered if ownership could be implied in this type of scenario?

Wanted to add that I realize this wouldn't be the first avenue argued. Just curious if it could even remotely apply.

 

[asta]

Note that public beaches are often shut due to shark sightings, Disney still ran their night time movie night on a beach where they had had an alligator sighting that day.

Were these sightings reported to Disney? I am reading multiple reports of people saying they saw gators but none of these reports mention going to someone in authority and reporting it. I may have missed something but it does absolutely no good to talk about the sightings if you did not contact anyone. There is even one family saying they saw a gator on that beach 30 minutes or an hour before. They say they warned another family but I did not read anything where they went to Disney. Someone else says they saw a 10 foot long gator in the water (I think that could be an exaggeration) but again no mention of contacting Disney or what Disney's response was.

 

[waltonmkb]

Whether or not Disney is at fault is irrelevant at this point. Disney does not want this lawsuit to see the light of day and will pay whatever it takes (and rightfully so).

 

[mummabear]

I have lived in Florida (near a beach) over 30 years and they have never been closed for a shark. If that was the case, the beach would never be open. Seriously, I have friends that fly over the beach all the time and see sharks swim near people most of the time.

There are in OZ, where there is also shark nets on major beaches and warnings on most if not all others.
There is fraser beach where a fresh water stream meets the ocean, there is a warning sign to ditch off before you hit the ocean as the sharks hang at that point.

Were these sightings reported to Disney? I am reading multiple reports of people saying they saw gators but none of these reports mention going to someone in authority and reporting it. I may have missed something but it does absolutely no good to talk about the sightings if you did not contact anyone. There is even one family saying they saw a gator on that beach 30 minutes or an hour before. They say they warned another family but I did not read anything where they went to Disney. Someone else says they saw a 10 foot long gator in the water (I think that could be an exaggeration) but again no mention of contacting Disney or what Disney's response was.

In the news reports I have read there are several times they have been mentioned. In one report that as a guest at CR he was told it was the resident pet.

 

[littlejimmy]

Whether or not Disney is at fault is irrelevant at this point. Disney does not want this lawsuit to see the light of day and will pay whatever it takes (and rightfully so).

what lawsuit? did I miss something? is there a link to the lawsuit?

 

[Dizneefamily+4]

Whether or not Disney is at fault is irrelevant at this point. Disney does not want this lawsuit to see the light of day and will pay whatever it takes (and rightfully so).

Why "rightfully so?" I'm not being argumentative, I just wonder the rationale behind that statement.

 

[MPB82]

what lawsuit? did I miss something? is there a link to the lawsuit?

The assumed lawsuit that may or may not ever be submitted. And I agree they will shell out tens of millions to get this in the past