Alligator dragged 2 year old into 7 seas lagoon

[CPanther95]

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

If it's true that they had alligator warnings at other resorts on the same lagoon, but chose not to include any warnings for their GF guests, they certainly should strive to reach a quick settlement.

 

[Dizneefamily+4]

If it's true that they had alligator warnings at other resorts on the same lagoon, but chose not to include any warnings for their GF guests, they certainly should strive to reach a quick settlement.

IF that's true, I would tend to agree. However, it has yet to be indicated whether or not any of these other visitors that saw alligators notified a Disney castmember.

 

[CPanther95]

IF that's true, I would tend to agree. However, it has yet to be indicated whether or not any of these other visitors that saw alligators notified a Disney castmember.

I'm talking about signage, not verbal warnings.

 

[Dizneefamily+4]

I'm talking about signage, not verbal warnings.

Got it. As far as I know, there are no alligator warning signs at any of the resorts on the 7 Seas Lagoon - I've stayed at the Poly and have visited the others and don't recall seeing any. I've heard that Shades of Green has signage, but I don't have firsthand knowledge as to whether or not that's true.

 

[CPanther95]

Got it. As far as I know, there are no alligator warning signs at any of the resorts on the 7 Seas Lagoon - I've stayed at the Poly and have visited the others and don't recall seeing any. I've heard that Shades of Green has signage, but I don't have firsthand knowledge as to whether or not that's true.

I didn't think so either. Some talking head on CNN or FOX mentioned that there are alligator warning signs at other Disney resorts on the same lagoon.

 

[waltonmkb]

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

No, there is no lawsuit that I am aware of, just the hypothetical one.

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

Honestly, I don't think that Disney is at fault nor are the parents. Like other people have said, this was just a horrible freak accident. But I do think that Disney needs to do whatever they can to put this behind everyone. Disney is under no obligation to do anything right now, but I would hope that they wouldn't make these parents have to go through a lawsuit and would do anything they can to help this family instead. And money is the only thing that Disney can offer at this point.

 

[Christine]

I didn't think so either. Some talking head on CNN or FOX mentioned that there are alligator warning signs at other Disney resorts on the same lagoon.

I think I mentioned it on this thread but several years ago I walked the trail between the GF and SoG. There are alligator warnings on the trail because there is some type of canal. There may be some at SoG too but I can't remember. I only know I did see a large alligator on the golf course during my stay at SoG.

 

[mnrose]

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.

I'll take a stab at this. Unless these are wild animals that Disney deliberately kept on property (for example, the animals outside the Animal Kingdom resort (is that what it's called?), they would have no liability for the actions of the animals which wandered onto their property. Assume for a minute that I own a lake home in the northern Minnesota woods. I invite you up for the weekend. Everything goes great until you are mauled by a black bear that wanders onto my property. Can you sue me? Would you even *think* of suing me? No, of course not. It's a wild animal. I didn't invite it onto my property, but I can't stop it either.

The question here will be, I think, whether the situation Disney created (having movie night, setting up an attractive beach area inviting play on the beach area) an enhanced risk of damage by the wild animals in the area and whether they are adequately warned their guests of that risk. I'm not a big fan of lawsuits in general, but this is one where I think there would a serious risk of liability to Disney if the family chooses to sue. Way to early to predict whether they would or not, or what Disney's reaction might be. In general, I'd guess they would settle it quietly.

Going back to my lake place analogy, if I knew about the bears wandering around my property, and I did things which enticed to bears to my property (leaving food on the picnic table outside), and then invited you to sleep outdoors next to the picnic table, and then you were mauled, then you probably could successfully sue me. But, if it's a random thing,and I've never seen bears before, and you were attacked as you moved between your car and my cabin, a lawsuit would be very unlikely to be successful.

 

[Dizneefamily+4]

deleted

 

[JimMIA]

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."

What firm?

 

[asta]

Answering my question from above about what was reported to Disney. I just saw an article where a maintenance type worker at the Polynesian complained to management about gators being fed by guests in these new bungalow type structures ( I think they were built in 2015) that look like they are built out over the water. He specifically noted that all of the feeding was attracting the gators and making them less afraid of humans. That is not at the Grand Floridian but pretty darn close. It would be easy to see how a gator could swim over by the GF looking for food from other humans near the water. And the poor child looked small enough to be attacked.

You do have to wonder about what Disney is thinking building these structures over water with gators swimming below. The article said they are building more at the Wilderness Lodge. No way would I want to stay in one of these bungalows. And I have no words for the idiots who are feeding these animals.

I also have big problems with a beach area that slopes directly down into the water if you don't want people to get in the water.

 

[Goofy_Disney_Dad]

I'll take a stab at this. Unless these are wild animals that Disney deliberately kept on property (for example, the animals outside the Animal Kingdom resort (is that what it's called?), they would have no liability for the actions of the animals which wandered onto their property. Assume for a minute that I own a lake home in the northern Minnesota woods. I invite you up for the weekend. Everything goes great until you are mauled by a black bear that wanders onto my property. Can you sue me? Would you even *think* of suing me? No, of course not. It's a wild animal. I didn't invite it onto my property, but I can't stop it either.

The question here will be, I think, whether the situation Disney created (having movie night, setting up an attractive beach area inviting play on the beach area) an enhanced risk of damage by the wild animals in the area and whether they are adequately warned their guests of that risk. I'm not a big fan of lawsuits in general, but this is one where I think there would a serious risk of liability to Disney if the family chooses to sue. Way to early to predict whether they would or not, or what Disney's reaction might be. In general, I'd guess they would settle it quietly.

Going back to my lake place analogy, if I knew about the bears wandering around my property, and I did things which enticed to bears to my property (leaving food on the picnic table outside), and then invited you to sleep outdoors next to the picnic table, and then you were mauled, then you probably could successfully sue me. But, if it's a random thing,and I've never seen bears before, and you were attacked as you moved between your car and my cabin, a lawsuit would be very unlikely to be successful.

Thanks so much for taking a stab at it. I struggled with the strict liability tort in class and I'm still not sure I can wrap my head around it where animals are concerned. I can understand it at a product or activity level, at least in a very basic and generic way, but the wild animal idea always makes me confused. I really appreciate your help.

 

[mjkacmom]

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.

Isn't most shoreline public? I wasn't aware the ocean could be private. For example, Atlantis has a private beach, but that privacy ends at the water.

 

[TLSnell1981]

Mtsmtsmts

I didn't think so either. Some talking head on CNN or FOX mentioned that there are alligator warning signs at other Disney resorts on the same lagoon.

We stayed at the Poly last month. I don't remember seeing signs warning of gators. Although, I wasn't looking for one either. We've lived in Orlando and visit 2-3 times a year. I wouldn't put a toe in that water. I also live on water, so I'm always mindful of snakes and other critters.

 

[Goofy_Disney_Dad]

I didn't think so either. Some talking head on CNN or FOX mentioned that there are alligator warning signs at other Disney resorts on the same lagoon.

I wonder if they are a very, very recent addition?

I doubt it, but stranger things have happened.

 

[theSurlyMermaid]

I think Shades of Green has alligator signs.

 

[MickeySP]

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."

Well Shark week just came early.

IMHO(usually followed by a ridiculous rant) anyone who blames this family/father is a compassionless twit. Just think you are splashing playing footsie in the water next thing you are watching as a huge aggressive tooth laden beast wrenches your child from you. You get to watch helplessly as it disappears with your baby in it's mouth. Now people are blaming you!!

I want to say it more succinctly but here I can only say it PG - heartless morons!

 

[Maistre Gracey]

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).

Yup. One of the rare cases a settlement will actually pay more than a judgement.

MG

 

[Disneychick75]

If Disney does put out alligator warning signs, IMO, they should also put out signs warning of snakes around their landscaping. This is an infamous place for both poisonous and non-poisonous snakes to hide. I've personally said something to several parents when their children, being children, were either walking through landscaping beds or picking flowers. They were all very nice and appreciative of the heads up.

 

[JoeA]

I mean no disrespect but I wonder if Disney will alter the Electrical Water Pageant (either perm or temporary) in lieu of this?

"Never smile at a crocodile..."

Yes, I know it wasn't a crocodile but...?

Just curious is all.