Posted on 07/20/2016 2:14:47 PM PDT by DUMBGRUNT
Or no case to sue. Disney only needs to show they weren’t negligent in customer safety and there is no basis for suing.
Having played with my children on that exact beach, I made a couple of significantly different choices from the ones made by there parents. I don't entirely blame them for not knowing how to stay safe in an unfamiliar state, but I don't think it's appropriate for parents to blame Disney after a wild animal attack.
My kids were not allowed in any Florida water that was not clear, until they were adult-size, and that includes the water that was "a foot deep" (probably five or more feet from dry land) where their son was playing. Also, for watching fireworks or outdoor movies, I always make sure there is a significant amount of clear, gator-free space on all sides, preferably a significant step up between my kids and the water. I've been stalked by gators in several spots where morons have fed them, and I am always cautious about that risk when in gator territory.
Share the Blame ....Culpability?
I’m from Wyoming and was at the same man-made lake a year ago ...... I had no idea there would be alligators in the lake!
We didn’t go on the beach or in the water, but I wouldn’t have had second thoughts about it.
Hey people wake up! If Disney knew there were alligators in the water they should have posted a sign ....
You know how you see the “Beware of Sharks” signs at some beaches.
You people who say that a parent is to blame for letting their 2-yr old wade at the waters edge are heartless!!!
I agree. I don’t think the parents share culpability and they deserve a large settlement.
It’s too bad the environmentalists and bureaucrats who still protect a nuisance species, even though it is no longer endangered or threatened aren’t held liable.
Oh really? What would your demand be, $1 billion? $100 million? How much money is going to bring your child back or more importantly, how much money is it going to guarantee you a life of luxury for the rest of your life?
Ultimately that's what it's all about isn't it?
Who sets lounge chairs right next to the water, on a beach, on a lake filled with large alligators knowing that alligators can, and will, come up on that beach and drag humans back into the water with them? Who does this without posting signs, specifically warning of alligators, so that people who come from places without alligators know to stay away from the water even though there is a beach and chairs available to sit in on the water's edge?
Why would these same people show movies on this beach with the children sitting on the water's edge watching the movie when there are 10' alligators in the water that will drag humans back into the water with them?
Who doesn't respond in a reasonable manner when a young girl is almost snatched off her lounge chair on this beach, a week before this child was killed, from an (estimated) 8'-10' gator that chases the family, in terror, back into the hotel?
Who allows their employees to feed these same gators so they lose their natural fear of humans and, instead, consider humans as a source for food?
Disney did all of this and should have been sued for as much punitive cash as possible.
I am from South Dakota. We don’t have many gators up there; but I also have an IQ greater than room temperature. I know that Florida has alligators filling any and almost all bodies of water.
I also know they feed at night
I know that a toddler is an irresistible, slow moving, defenseless meal.
Maybe I am paranoid, maybe I am a genius, but this man KNOWS better than to take a baby by a shoreline at dusk. Especially in Texas, Louisiana, Florida and anywhere there are known to be alligators present.
“Who does this without posting signs”
=
If you need signs to stay safe and/or to not do stupid stuff your life is going to be just chock-full of woe.
This thread should be pulled for some of the ignorant and callous comments posted that, among other things, reflect poorly on the forum as well as the posters. Simply disgusting.
Maybe the father did the right thing and assumed the responsibility.
There is something that just doesn’t sit right with me to sue for money for the loss of a child. I wouldn’t want to profit from such a loss and would have to donate money. I would feel disgusting every time I spent any money.
That being said, I can’t believe Disney allowed this to happen. I can’t believe that they didn’t foresee a problem. There is no excuse for them not posting and warning of alligators. I don’t think the no swimming signs were sufficient when they had it set up like a beach location.
I've lived in Florida for more than 20 years and see tourists come here all the time who don't fully grasp the risk that gators pose, especially when they've been fed by humans that should know better. We were the same when we moved here. No longer.
When a child was almost snatched by a gator on this same beach a week before this two-year-old boy was killed, the Disney company absolutely should have done something, like warning guests when they checked in or actually placing signs on the beach that mentioned alligators - not just "no swimming" (every body of fresh water in a Florida park has signs near the water warning of the dangers of gators). They did nothing. The chairs stayed on the beach. The movies continued to play, and their employees continued to feed the gators (against the law in Florida).
Blaming the parents solely for this tragic event requires the total disregard for the facts and a strong does of shallowness.
Thanks for your detailed response...I completely understand what you are saying. Maybe this family did not understand the true risks
Lots of disappointed lawyers in Orlando. Half of the adds on the 6 oclock news is by lawyers promising lots of money for plaintiffs in lawsuits.
Disney Corp. learned from Ted Kennedy.
It wasn't exactly a "wild animal," either. Disney would likely have faced some serious liability in this case, mainly because the incident took place at a Disney resort that included a man-made lake and a series of man-made lagoons.
It would have been a much different story if it had taken place in a natural environment.
Sure, but would Disney’s liability for the harm caused by a wild animal have been the legal issue? Or would the focus have been a typical premises liability matter with an argument over the facts of what Disney did and didn’t do to reasonably maintain their property and keep the deceased, an undisputed invitee, safe?
wild animals on your property have a different standard under the law than a domestic animal.
Like a dog bite vs a eagle clawing attack.
Thanks for the ping. As I said on the initial news of this tragedy, and it was a tragedy, in my opinion the child doesn’t need our prayers, there is no way there was any sin on his soul. If anything, as Catholics we should be asking for his intercessory prayer for US. He’s the Saint now. In Heaven enjoying the full Beatific Vision.
May his prayers comfort and help his family through this most difficult time. I will try to remember to keep them in my prayers as well. They did the right thing, settlement or not, declining to sue. It’s best to focus on the family health now a court case would just prolong and inflame the pain.
Yes, I know that and never said they were. The common law principle is that an owner isn’t strictly liable for wild animal attacks under the doctrine of Ferae Naturae, but that won’t bar claims for landowner negligence.
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