From the OS: Gator drags child into Seven Seas Lagoon

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thomas998

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

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.

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

The only thing that could make Disney liable would be if Disney was aware of an aggressive alligator that had a history of going after people and did nothing to eliminate the alligator or to warn visitors.... Which may be the case as I've seen a recent article where another family was near the same area and had an alligator lunge up out of the water toward them.
 

flynnibus

Premium Member
What it would do (if done) is keep people out of the water, as well as make it more difficult for a gator to seize a person. Yes, I know they are capable of propelling themselves up out of the water, but it's a different feat from grasping prey off of a shoreline.

So you are going to wall off every ditch, tree, and tall grass edge on property as well?
 

MrHappy

Well-Known Member
I have stayed at the Geand Floridian a foot into the dry sand is pretty far from the water and there is a decent amount of light near the begining of the beach area that for what I understand aligators don't like. . Now one foot inside the water, is pitch black , hate to say believe me I hate to say this cause I have a 4 and 5 year old at home. . But somehow I have a gut feeling that if that statement is true Disney will get away with no lawsuits or responsibility toward it since is very specific that no one is allowed in the water. . I do feel Disney is to blame for this one though, knowlingy that Seven Seas Lagoon as alligators and not protecting their properties from it, I don't know they could have nets water fences or something that would prevent aligators from getting near the guest areas. This to me is majorly horryifying I am DVC member and the Grand Floridian is my home resort. . I was there with kids in that same area about 8 months ago and I was going to call tomorrow to book for March 2017. . This won't change my mind, I just hope Disney does some changes, it will def cross my mind to stop and say a prayer in the area next year. .

Is this a kin to having a pool at your home with a gate that is unlocked? I have a 2 yo and 4 yo and the time for legal debating is far way. I was at GFV May 4-7. The shock of this is too close to home. Sure, have signs to protect yourself....who reads that, who takes heed to those "your at an awesome place with soft white sand, just don't go near that wet stuff." Your at Disney and feel sheltered. Sure, I didn't have my kids on the sand but this poor family was just living a dream. I feel for that dad doing his mightiest to save his child. I'm just rambling. And as pro-Disney as I admit, there's no fault. Just horrible tragedy. I will go back to WDW as quickly as I can save up. Stay at GFV if I'm fortunate enough too. I'll look at this spot and close my eyes and think and pray. This animal, this family, this incredible place. Not one deserving of this fate. Bless the family, bless those who are helping.
 

Incomudro

Well-Known Member
Neither are most residential areas... but all residents know... you don't hang around the pond/lake at night... nor let your little poodle do so either.

Clearly most people here are lulled into this idea that WDW is pure and pristine and haven't been around a lot of the property outside the parks themselves.

These were not residents.
 

21stamps

Well-Known Member
If you walk through a bad neighborhood and get mugged - it's not a freak accident.
Walking on the water's edge AT NIGHT with a small animal sized human in gator country is not innocent behavior -- incredibly naive, but not innocent.

I guess most people are not familiar with the idea people lose pets all the time in FL due to gators? Size... timing.. location... are all risk factors.
The more accurate comparison would be-

If you walk through a good neighborhood and get mugged it IS a freak accident.
Why? Because you do know that guns and bad guys exist, but not typically in said "nice" neighborhood.. So, the probability is so small of one attacking you that it doesn't even cross your mind.

They weren't hanging out on Alligator Alley having a picnic.
 

fosse76

Well-Known Member
Look, Disney, or any other private or public company, is not responsible for the safety of my child. I am. Period.

When you are on their property, they have a legal obligation to keep you safe. You are definitely wrongly assigning blame to the parents, and I am personally repulsed by it.

And when I let my kid go in to the natural habitat of a predator then I have to know there could be dire consequences for that action.

The MAN-MADE beach at the Grand Floridian is NOT the "natural habitat of a predator".

Disney had signs up that say No Swimming. I can't say whether the people in question actually SAW them but they were there.

So what? Like you said, you don't know if the people in question saw them. In which case exactly how are they supposed to know better? Let's say I'm a mailman. I get to your house, which is fenced in all-around the perimeter. No signs, no locked gate; the mailbox is on the front porch. I deliver the mail. As I'm leaving, your dog attacks me. You can bet your life that you would be 100% liable for my injuries. The duty was on you to warn me or notify me. That's how liability works.

I personally think it's a bad idea to let your kid that is 2 wade in a lake without a life jacket on especially. I'm not saying these were "bad parents" but I definitely question their judgment in this instance.
Yeah, and who are you to question their judgment? The father was right there, the child would not have drowned in three inches of water with the father right there. I'm assuming you don't allow your children to bathe or go swimming then, since three inches of water can be so deadly.

I still feel extremely sorry for them as I am a proud dad of 2 myself and couldn't go on living if I knew I had made a decision that cost my child its life.

He didn't feed his child to the alligator. He let him wade in the water, something I would venture to guess thousands do per year at the resort (or at least hundreds).

The dad done what he could and jumped in to try and save the kid which at least gives him a leg up on the mother who just stood there while her kid was being dragged by a gorilla.
I don't even know how to respond, but your sentiments are beyond despicable and repulsive.

But all of that does not excuse the fact that these parents and all parents are responsible for the lives and safety of their children.
While I will not argue that it is the responsibility of parents to keep their children safe, you really make it sound like these people knowingly risked their child's life.

I understand that sometimes things come across when being typed as "sanctimonious" but that is not my personal intent. As for the intent of others, I can't say. I don't think it's unreasonable to say that the parents exercised poor judgement here and I'm certain they would now tell you the same.

Not only do I think you are sanctimonious, I think you're a delusional with no understanding of the real world or the U.S. legal system and how it works. I also think if you were in this situation, you'd already be at the courthouse filing the lawsuit against Disney.
 

TeriofTerror

Well-Known Member
I can't seem to stop crying. Other people can't seem to stop blaming - the parents, Disney, Ponce de Leon... I guess we all deal with things differently (sigh).
 

Figaro928

Well-Known Member
I know it's small potatoes, but you'd think ABC news could at least label the magic kingdom correctly
 

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flynnibus

Premium Member
The more accurate comparison would be-

If you walk through a good neighborhood and get mugged it IS a freak accident.
Why? Because you do know that guns and bad guys exist, but not typically in said "nice" neighborhood.. So, the probability is so small of one attacking you that it doesn't even cross your mind.

They weren't hanging out on Alligator Alley having a picnic.

They were hanging out on the edge of inland water AT NIGHT in central florida with a toddler - that is walking through the bad neighborhood.

The analogy you propose of the 'nice neighborhood' just solidifies your dillassulion of where they were or what WDW is in this regard.

This wasn't the kiddie pool in the courtyard... THEN i'd buy into your analogy. This was the edge of open, inland water AT NIGHT in a large open rural area.

Seriously, in freaking SUBDIVISIONS with development all around them, people know this is risky behavior. WDW is not some 'the laws of nature do not apply here bubble'.
 

Incomudro

Well-Known Member
The more accurate comparison would be-

If you walk through a good neighborhood and get mugged it IS a freak accident.
Why? Because you do know that guns and bad guys exist, but not typically in said "nice" neighborhood.. So, the probability is so small of one attacking you that it doesn't even cross your mind.

They weren't hanging out on Alligator Alley having a picnic.


That's the difference.
I said it half joking earlier, but we might as well say that park goers should be vigilant for bears if we are going to imply they are negligent for not considering alligator attacks on the beaches of the Grand Floridian.
 

Dylan Ann

Active Member
I can't seem to stop crying. Other people can't seem to stop blaming - the parents, Disney, Ponce de Leon... I guess we all deal with things differently (sigh).

I am a pretty easy-going and non-judgmental person, but the main thing that gets me riled up is people who blame! I'm not talking about people who are seeking appropriate punishment when someone does something bad, but the ones who just have this need to place blame whenever something happens, whether it is warranted or not. It is my hot-button issue, and I hate how worked up I get when people insist on placing blame when it really isn't necessary. In my opinion, something tragic happens, you learn from it, and you stop it from happening again.

That being said, I am really trying to remind myself that people cope in different ways. If pointing the finger at parents/Disney/Santa Claus somehow makes them feel safer and that they can prevent something like this from happening to them, then I get it. I HATE it, but I get it. This summer has been particularly bad for the finger-pointing, but I'm trying to extend my compassion to include those who are comforted by the idea that if they do everything right all the time, their loved ones will be safe.
 
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