Pixieish
Well-Known Member
The signs (at least the ones at the Polynesian) very clearly said "this beach is closed" followed by "no swimming allowed." We can debate the definition of 'beach' and 'closed' and 'swimming' but that is what the signage said. Some signage just reads "no swimming" but that should be enough of a red flag. If a door says "do not enter" im not going to open it even if it doesn't list the exact hazard on the other side.
No current Disney marketing shows guests in the the water.
I've never seen a report that said for certain the child was not in the water. If there is one it's news to me. The reports I've seen including from witness have been that he was playing in the water along the shore.
Since no legal action was pursued we can't really speculate about what may have come out in court. It could have gotten quite messy for both sides depending on the circumstances.
Here is an article about the previous signage, including pictures. Little signs saying "No Swimming Please" with an image of someone doing the crawl stroke - swimming. They didn't warn of any danger of proximity. They didn't appear to reflect any danger whatsoever, more like courtesy "stay off the grass" signs.
I guess we do have to define those words for you, because while you may believe them to be muddy, they aren't.
The "beach" is where the sand is.
"Swimming" is when you get into the water and propel yourself through it.
Disney marketing surely shows families on the beach, which is where this family was. They host movies and events on the same beach.
According to authorities, he was bent over scooping up water/wet sand near the edge. There is no indication that he was "swimming" or entered the water whatsoever.
Well, certainly we can - that's why it's called "speculation".
But we don't even have to - legal experts have. Had it been litigated, it would have come down to the signage - which likely would not be deemed adequate by politely asking people not to swim. And Disney clearly knew that there were gators there, which would be the only other defense.
Then there is also the fact that they took six alligators out in the days before, four of which were larger than six feet - 50% longer than the size at which they deem them to be dangerous.
Not to mention, that at least two people spotted the gator in the area and alerted Disney about it before it happened, and Disney had no "clear the beach" policy or procedure in place when such reports are made.
So yeah, it's hard to see where Disney wouldn't have taken it from behind legally on this one.
I did extensive research immediately following the incident as we have a young son (6) on the autism spectrum who ADORES water and will make a B-line towards any water he sees if given the opportunity, and we were flying down that October. (Yes, we could totally be like that guy whose roughly 10-year-old son decided to swim at Epcot recently, but we don't give our son enough freedom at the parks for that to happen.)
I remember distinctly that the majority of reports - including those by witnesses - stated that he had been standing in 6-12" of water - a significant amount for a child of that size (right about knee-deep or deeper). Everything else seemed to say "it was unclear".
Honestly, we've become so obsessed with unnecessary details in this country. It said no swimming. That in and of itself should have been enough. WARNING: HOT COFFEE!!! Um, yeah, I wouldn't pay for it if it wasn't hot. (Don't get me wrong, I saw the burns the woman from the famous McDonald's case suffered, and she wasn't awarded enough. That coffee was TOO hot, and court records show that.)
But in all seriousness...read through the multitude of lists of injuries and incidents that occur at Disney World. The majority of them are the fault of the guest. I was appalled at the number of guests who have twisted facts and/or acted with purpose in order to gain a financial reward (I'm talking about YOU, Gondola-jumping guy! TRUE STORY).
I sure as hell don't argue semantics with my kids when I lay down rules. Disney (or any other company, for that matter) shouldn't have to either, but this is exactly what I'm talking about in many of my previous comments on this thread.
Humans are dumb.
EDIT: Don't read this as me blaming the parents for what happened - I'm not. I'm simply speaking about society at large. The prevailing attitude is that we want reasons and details for everything that should be completely unnecessary, and it's VERY easy to fall into the "well, it didn't say "insert words here" attitude.