From the OS: Gator drags child into Seven Seas Lagoon

Status
Not open for further replies.

flynnibus

Premium Member
My reply I am about to say is no way meant to be mean or unsympathetic. But if a wild gator got hold of a 2 year old. How would they find the body intact like the news states today about 10 feet out. I'm confused. I have seen a gator shred a chicken before.

Gators drag their prey under water to drown them. It's simply possible the gator gave up on him after the struggle and his size. Alas the drowning would have already been done.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
The first thing I did when I moved to the Midwest (one of first things anyway).. Purchased an air horn because I am in serious fear of coyotes snatching my 4lb dog. I read so much about them before moving. So far I haven't seen one personally, and hope that I never do.

I grew up in the canyons above Los Angeles, so I'm familiar with coyotes. Just never thought I'd see one in a residential neighborhood in the Florida capital. Warned all my neighbors to keep their dogs on leashes and their cats indoors. And let the guy who lives behind me know that he might want to keep his chickens in the coop for a few days. We have some goslings in the pond in the middle of our neighborhood, so I wonder if he/she wasn't hunting them.
 

oceanbreeze77

Well-Known Member
I grew up in the canyons above Los Angeles, so I'm familiar with coyotes. Just never thought I'd see one in a residential neighborhood in the Florida capital. Warned all my neighbors to keep their dogs on leashes and their cats indoors. And let the guy who lives behind me know that he might want to keep his chickens in the coop for a few days. We have some goslings in the pond in the middle of our neighborhood, so I wonder if he/she wasn't hunting them.
With the drought they aint just in the canyons anymore.... (I live in coastal region)
 

flynnibus

Premium Member
When a business invites someone onto its property to conduct commerce, that business has the highest legal obligation to make sure that its facilities are as safe as possible.

Disney does not simply have a legal duty to warn people. It also has a legal duty to protect them from all knowable dangers. Does Disney know that it has alligators within feet of where people walk, with no protective barrier between them? Of course. As @Incomudro pointed out, this is a white sands beach with beach chairs and a movie night. Disney is inviting its Guests to this shore. Disney knows alligators exist in the Seven Seas Lagoon. A posted "No swimming" sign in no way reduces Disney's obligation not only to warn but also to protect. Legally, Disney doesn’t stand a chance on this one.

Beyond the law, Disney wants to show compassion for this horrific tragedy. Disney does not want to litigate this. Disney almost certainly will settle long before this ever sees the inside of a courtroom.

Read the earlier posted articles. There is plenty of case law limiting liability when it comes to situations with native wildlife. There is interpretation areas when it comes to warnings... But there is also case law against having to do so in fl because they are a known native issue. They wouldn't be liable for the gators actions, or be negelent because it was there... But how much warning is needed would be tested.

The kid died... Let's be serious - Disney is going to offer a huge settlement right up front. The only question is will a lawyer push for more
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
I remember poking quite a few with sticks as a kid while camping there. Back when parents did not hover over there children constantly

You sound like my oldest brother. He once took my dad's bb gun, shot up a rattle snake, puts its bloody body in a Lincoln log can (yes, I'm that old) and gave it to my mother as a "present". She didn't bat an eye...she grew up on a cattle ranch in NE Colorado.
 

LAM378

Well-Known Member
I'm another one who swam in those waters with my siblings as a child. I remember Goofy and Pinocchio water skiing onto the beach for photo ops with guests.

I just stayed at GF with my sister's family last month. Her kids are also 4 and 2 years old. They are tiny little best friends, and I can't imagine the pain and loss that this child's sibling will live with.

Today my sister said, "If we'd had time I wouldn't have hesitated to take their pictures on the beach, and of course the kids would've wanted to dip their feet in the water, and I probably would have let them." And I said nope, I never would have allowed it--bacteria! snakes! alligators! (saw a couple from the monorail last year stopped near WL). But the only reason I know those things is because I'm a huge WDW nerd. The average guest, one who doesn't haunt Disney forums or have any knowledge of Florida wildlife and the land WDW was built on, wouldn't think twice.

The average guest thinks "Idyllic setting! Resort on a man-made lake! I can see the castle!" They're in the bubble that Disney actively fosters, and I can't blame them one bit for their complacency. The average guest probably sees the "no swimming" signs and thinks they mean "no lifeguards." But if the whole family is nearby, what could go wrong?

I don't blame WDW, either. This has never happened before, and it certainly never will again.

All this Monday morning quarterbacking and blame-placing is just what people do, in the face of nightmares like this, to tell themselves "This would never happen to my family." I said it last year on the thread about the child who drowned at AoA--people insist their eyes never would have left their own child, they would have done things differently, this wouldn't have happened to them. That's how some people handle the horror of knowing that a freak accident, one second in which you were negligent, can take your child away from you in an instant.

Apologies for the novel I've written but this hits too close to home. I feel just awful for this family, and for every guest and CM and responder who saw this nightmare unfold.
 

flynnibus

Premium Member
It was 9pm. I've yet to be at a beach anywhere in my entire life that closed before or at 9pm.

Oh sorry. Ft Zachary Taylor. A state park. That one closes at 9 I think. So I'll rephrase "any private (condo/resort) or public beach.

Most parks close at dusk.

Swimming after hours and especially at night is extremely dangerous and any public entity operated beach is going to forbid that.
 

LAKid53

Official Member of the Girly Girl Fan Club
Premium Member
With the drought they aint just in the canyons anymore.... (I live in coastal region)

And I'm sure their feline cohorts have come along for the ride too. Never really worried about coyotes since they are easy to scare. Mountain lions, another story.....
 

21stamps

Well-Known Member
Ok all it's my bedtime.

Please remember to try and remember that sometimes bad things just happen. With no fault to anyone involved.
Also remember to hug your kids a little tighter, and if you were putting off that next vacation, or trip to the zoo, or 5 minutes when you child wants to play a game but you're answering emails.. Just do it :). I know that I will.
 

ParentsOf4

Well-Known Member
http://www.cnn.com/2016/06/15/opini...nny-cevallos1015PMVODtopPhoto&linkId=25587412

In Palumbo v Game & Fresh Water Fish Com'n, the court held that when it comes to alligator attacks, a swimmer's disregard of "No Swimming" and other warning signs were the sole cause of the serious injuries.

http://www.leagle.com/decision/1986839487So2d352_1752/PALUMBO v. GAME & FRESH WATER FISH COM'N
Yes but please keep in mind:
  1. The area in question. This is a groomed, well-maintained, artificial beach that Disney invites its paying customers to use that is located on a body of water wholly owned and controlled by Disney.
  2. Many bodies of water throughout the World have "No swimming" signs. Such warning signs offer some legal protection in cases of drowning. However, "No swimming" does not mean "Alligator warning".
  3. Regardless, the child was not swimming.
  4. Disney advertises WDW throughout the planet. It may be obvious to Floridians that bodies of water have alligators but most Disney Guests come from areas where alligators do not exist. These Guests cannot be expected to know the proximity of alligators and, even if they did, they have reasonable expectations that they will be protected from them in a beach area maintained by Disney.
The doctrine of ferae naturae (meaning Disney is not responsible for the behavior of wild animals) does not protect Disney under these circumstances. Disney created an artificial environment (the white sands beach and lake are both made-made) and knowingly put customers in close proximity of dangerous animals without providing protection or warning.

As the CNN article you linked to ended with:

Even with adequate signage and ferae naturae doctrine, a resort could still be liable in spite of all these protections, if it's flat-out negligent.

Resort liability in Florida for an alligator attack will depend on the specific facts -- not only the facts of the tragedy itself, but what the resort did and knew in advance about the alligators, and the likelihood of the harm.​
 
Last edited:

flynnibus

Premium Member
Okay. Going to try again. Previous post was not allowed due to "questionable" language directed at a few specific individuals who have posted.

When you visit Disney you have a "reasonable" expectation of safety.....why? Because Disney markets itself as a "controlled" environment. Two very important italicized words that will come into play shortly. Sure, you may get sick on a ride, (and if you have a health problem say "high" blood pressure you probably shouldn't be going on Space Mountain). I get it. But a family walking in foot of water that is merely yards from a Disney "sponsored" event at a Disney marketed "Deluxe" Resort, should have the reasonable expectation that their 2 year old child will not be hunted and plucked off of the shoreline of said Disney "Deluxe" Resort Hotel. Because if that type of threat exists, Disney has a legal obligation to inform of - and/or post notice of that threat. By all accounts, Disney knew. Disney may not have thought it would get to this point, but Disney damn sure knew there were alligators patrolling the waters of 7 Seas Lagoon (and probably all other waterways of the"kingdom"). As a native Floridian I've seen countless signs identifying this type of threat. Not just a token "No Swimming Sign".

If a large bird swoops down and snatches a baby... Or injures a guest in trying to snatch something... Was Disney obligated to let guests know there are large birds of prey in the region and encounters MIGHT happen?

What about mosquitos and the diseases they carry... Is that a sign too?

Or how about the snake that comes out of the bushes... Where is the snake sign???

This argument is not black and white, and there are conditionals and degrees of interpretation that a judge would have to evaluate. There is a lot of presedence tho for no liability for native wildlife that can be expected to be present.
 

GoofGoof

Premium Member
Yes but please keep in mind:
  1. The area in question. This is a groomed, well-maintained, artificial beach that Disney invites its paying customers to use that is located on a body of water wholly owned and controlled by Disney.
  2. Many bodies of water throughout the World have "No swimming" signs. Such warning signs offer legal protection from cases of drowning. However, "No swimming" does not mean "Alligator warning".
  3. Regardless, the child was not swimming.
  4. Disney advertises WDW throughout the planet. It may be obvious to Floridians that bodies of water have alligators but most Disney Guests come from areas where alligators do not exist. These Guests cannot be expected to know the proximity of alligators and, even if they did, they have reasonable expectations that they will be protected from them in a beach area maintained by Disney.
The doctrine of ferae naturae (meaning Disney is not responsible for the behavior of wild animals) does not protect Disney under these circumstances. Disney created an artificial environment (the white sands beach and lake are both made-made) and knowingly put customers in close proximity of dangerous animals without providing protection or warning.

As the CNN article you linked to ended with:

Even with adequate signage and ferae naturae doctrine, a resort could still be liable in spite of all these protections, if it's flat-out negligent.

Resort liability in Florida for an alligator attack will depend on the specific facts -- not only the facts of the tragedy itself, but what the resort did and knew in advance about the alligators, and the likelihood of the harm.​
I think it's still difficult to hold Disney flat-out negligent for this attack. First, the likelihood was not high. Watching CNN and other coverage of this attack, many wildlife experts are saying this was an extremely rare event and Disney has history on their side too. Now if there was a history of previous attacks and Disney did nothing about it then it would be easier to prove. The other factor to consider is that they had an active process in place to remove the dangerous alligators from the areas frequented by guests and relocate them to unused wetlands. Unfortunately the gators don't realize they are not supposed to come back. I'm sure investigators will review this process and if there is something lacking it could leave them open to potential lawsuit. The idea that the lake is manmade could be held against Disney but there are natural waterways (including Bay Lake) directly attached to the lagoon. It's not like the gator was in a resort swimming pool. Again, leaves them somewhat open to liability.

I agree with others that it will likely never see the inside of a court room. Neither side would benefit much.
 

Disney Analyst

Well-Known Member
I think its pretty obvious that the sings mean exactly how you interpreted it. Dipping your toes into the edge of the water or even ankle deep, despite some of stupidity in this thread, is not swimming.

I would say that's very subjective.. Whenever I've encountered a no swimming sign I've always taken it as do not go in the water...
 
Status
Not open for further replies.

Register on WDWMAGIC. This sidebar will go away, and you'll see fewer ads.

Back
Top Bottom