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.
I remember poking quite a few with sticks as a kid while camping there. Back when parents did not hover over there children constantlyI went for a walk at Bass River in New Jersey's Pine Barrens earlier this spring.
This sign was posted quite obviously near a lake by the parking area:View attachment 146132
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.
With the drought they aint just in the canyons anymore.... (I live in coastal region)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.
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.
I take it that it means stay out of the water.
I remember poking quite a few with sticks as a kid while camping there. Back when parents did not hover over there children constantly
Yes. It was brief and basically just thanked the police for their efforts.don't know if this was posted yet, but has the family issued a statement yet? just curious.
Just saw a photo of the little boy and it makes it all too real. Maybe we should all let him rest in peace.
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.
With the drought they aint just in the canyons anymore.... (I live in coastal region)
Yes but please keep in mind: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
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".
don't know if this was posted yet, but has the family issued a statement yet? just curious.
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.Yes but please keep in mind:
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.
- 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.
- 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".
- Regardless, the child was not swimming.
- 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.
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 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.
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