From the OS: Gator drags child into Seven Seas Lagoon

[fosse76]

If you hit a deer while driving on Disney property, is Disney liable?
Is Disney liable for a bird stealing your french fry??

I should have know I could count on you to misinterpret what I'm saying, since you've demonstrated little understanding of the law in other threads. The bird stealing a french fry? No. There's no value to a French fry. The paperwork filing would cost more than the entire lunch. Plus Disney would replace the fries. No need to sue. If the bird caused a gash that needed stitches? I guarantee that Disney would be paying the costs of that. The deer? Maybe. Depends on the circumstances (specifically, where did was the car driving). But I'm sure most people have insurance to cover that sort of thing. I guarantee if someone was injured, though, Disney would find itself being deposed.

No one is going to find Disney liable for the actions of wildlife unless Disney were doing things that instigated or drew the wildlife into the situation in question. It's called WILDLIFE for a reason. It's not construction, it's not workers, etc. And Disney already has wildlife management programs in place to address risk situations when they arise and trying to manage the interactions between customers and wildlife.

THIS incident did not happen in the wild. It happened on the unsupervised man-made beach of a man-made lake at a man-made hotel. While Disney may not have caused the incident, they are liable.

Please cite references where companies are by default liable for any wildlife activity in open spaces.

I never said default liability (there's no such thing; I think you mean strict liability). My answers are in the context of this incident. Any property owner has the legal responsibility to keep its customers safe while on the property. If there is a known danger from wild animals, then it absolutely includes that (the prevalence of alligators on Disney property demonstrates the knowledge that such attacks could occur, and it is therefore their responsibility to protect their guests).

 

[LAKid53]

Can we PLEASE stop the finger pointing and whose legally liable discussions? A family has lost their son in a horrific accident...our thoughts should be with them.

 

[Pumbas Nakasak]

Listening to this press conference just reaffirms my opinion that most journalists are expletive bags.

 

[Ignohippo]

I'm sorry, Disney is completely negligent here. While parents certainly have to be aware of any possibilities that may arise at all times, a business has the obligation to educate its patrons on the dangers that exist on their property.

If I were visiting from Nebraska, I certainly wouldn't think for a second there could be gators in Seven Seas Lagoon. Of course, now it seems obvious, but being on vacation in a place like Disney world, I certainly wouldn't think for a second about it.

The idea Disney wouldn't (a) remove the gators; (b) put up signage warning people that they are in the water; and (c) would throw a movie party on the beach, just steps away from water where you know gators have been seen very recently is beyond negligent, it's stupidity beyond belief.

After speaking with someone who is the lead cancel with a Fortune 500 company, this thing will never see a courtroom. His feeling is that this family will most likely see 8 to 9 figures from this.

This was a HUGE oversight. It's about as negligent as it gets. Heads are gonna roll on this one, most likely all the way to the top.

 

[flynnibus]

You talk about risk like these people were skydiving. The actual risk of an alligator attacking you? Not even a blip on the risk scale.

Depends on how you stack up your risks.. its still relatively LOW because the animals aren't usually out for human sized prey.. and there are easier prey to take on. But none of those facts NEGATE the risks factors exist. That was more what the conversation was about -- this isn't some random freak activity - this is activity CONSISTENT with the animal and region. It's just low frequency, especially for humans. For pets, due to their size and lack of awareness, the problem is more frequent.

Life is about managing risks, making choices, and hopefully avoiding getting caught up in consequences you can't control. This family has been impacted in ways no one wishes on anyone, and certainly I don't blame the outcome on them. But I disagree with the premise that it's some 'freak thing' -- its entirely consistent with the possibilities and risk factors. Most people just never get burnt by them.

 

[cmarten]

Can we PLEASE stop the finger pointing and whose legally liable discussions? A family has lost their son in a horrific accident...our thoughts should be with them.

This. I think its the same reporter every time who is trying to pin this on Disney.

 

[righttrack]

So now what? Fill in all the lakes and ponds and build DVC resorts?

 

[durangojim]

The press and their harping on the signs sickens me

 

[JWG]

And the stupid question brigade begins...

 

[lostpro9het]

The press is really trying to imply Disney had poor signage

 

[Clamman73]

Reporters should be asking a Disney rep some of these questions at this conference.

 

[Thessair]

That one woman reporter is really grating. She very much seems like she had an axe to grind.

 

[donsullivan]

I wish people would get their facts in order about what Disney actually does with regards to wildlife management before spouting off on legal liability. The state Fish & Wildlife Commission has already described a continuing practice they have along with Disney on the topic. I wish people would take their own agendas out of a tragedy like this.

 

[flynnibus]

I'm sorry - I quoted the wrong post! That was not my point at all.

but it is what your claim would require. Just because it happened on their property is not enough to establish liability. Otherwise, my example would make Disney liable for my deer example.

 

[Baltar]

Listening to this press conference just reaffirms my opinion that most journalists are expletive bags.

That woman kept yelling over every other reporter. And what is the fascination with CNN and other networks constantly saying man made lake

 

[JohnD]

Not sure if someone already posted this: OS: Sheriff: Remains of missing toddler found after gator attack at Disney hotel

 

[WASaMATTR]

So sad. What was supposed to be a great vacation ended up with it being the worst for this family. God bless them in their time of need.

 

[JWG]

That one woman reporter is really grating. She very much seems like she had an axe to grind.

She was very grating... and determined... and grating...

 

[Disney Analyst]

I see big changes on the horizon to the waterfront after that press conference... The press is out to make sure the public knows that Disney dropped the ball on the signage front. Sad tragedy, grateful the boy was found intact.

 

[HM Spectre]

The press is really trying to imply Disney had poor signage

If finding the boy's body is the conclusion to this tragedy, there's no more story for the press to cover when the conference ends. But... a controversy around Disney keeps the story going. Which angle do you think most of them are going to pursue?