From the OS: Gator drags child into Seven Seas Lagoon

[s8film40]

Yes of course. If that existed absolutely. I'm just saying I am focusing on what most likely happened. There certainly could be a "CSI plot" in this story but we just haven't seen it yet.

I wouldn't exactly call it a CSI plot. From my experience though Disney is far more likely to ignore warnings from employees than they are to listen to them. I know of many warnings that have been given and completely ignored so what he is claiming isn't far fetched at all.

 

[Baltar]

Ok Florida people help me out-

I've never lived west of US1, so didn't worry about gators at my house.
But if you are sitting by my pool and some kind of animal (not my dog) attacks you, I was under the impression that I'm not liable.

I admit I never paid too much attention to those laws. Does anyone else know?

This is the simplest explanation I've read recently about Florida law. http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

 

[rael ramone]

The civil case will be hard enough to prove. With the sheriff's dept going on about how this was an unfortunate accident and constantly praising Disney's handling, you aren't gonna get any leg to stand on with a criminal case.

In my non legal opinion they exceed the 'more probable then not' grounds to win a civil jury trial. And they would most certainly get good legal representation (I wonder if Gloria Allred has called them yet). Obviously criminal is different, but it's plausible a family that has had this happen to them sees this as the end game...

But the families primary leverage is what a trial could potentially do to $DIS public rep (and what discovery could potentially uncover). I'm guessing the settlement will exceed what typically happens in wrongful death suits (or even a best case scenario for financial damages if it went to trial). The families silence and the press moving on are worth far more at this point then the potential payout for $DIS...

 

[Baltar]

In my non legal opinion they exceed the 'more probable then not' grounds to win a civil jury trial. And they would most certainly get good legal representation (I wonder if Gloria Allred has called them yet). Obviously criminal is different, but it's plausible a family that has had this happen to them sees this as the end game...

But the families primary leverage is what a trial could potentially do to $DIS public rep (and what discovery could potentially uncover). I'm guessing the settlement will exceed what typically happens in wrongful death suits (or even a best case scenario for financial damages if it went to trial). The families silence and the press moving on are worth far more at this point then the potential payout for $DIS...

I just quoted this story above but I'll do it again. http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

I've said all along this won't go to trial...because Disney will try and settle beforehand. Before greedy lawyers want to get a massive cut.

 

[asianway]

Have they suspended the Amphicars at Boathouse since this has happened?

No

 

[ford91exploder]

If you're thinking about them 'wanting their day in court', I believe it is plausible. They may want to extract an admission of guilt. They may believe 'the greater good' demands their failings be brought to light so it doesn't happen again to anyone else - perhaps even the hope that a civil trial plants the seeds for a criminal trial...

I can see that but IF they do that I expect that they will lose. Disney's legal team will crush the family and make them wish they had NEVER heard of Disney. Disney is not an opponent I would choose to meet in court.

 

[s8film40]

I've said all along this won't go to trial...because Disney will try and settle beforehand. Before greedy lawyers want to get a massive cut.

Actually I suspect the greedy lawyers would be the ones pushing for the settlement. They're all going to be clamoring to represent this family because they now A. Disney has lots of money and B. Disney doesn't want this in court and will settle even if they think they could win. The lawyers represent their client, bring the suit, collect the money and never really have to do all the work.

 

[Baltar]

Actually I suspect the greedy lawyers would be the ones pushing for the settlement. They're all going to be clamoring to represent this family because they now A. Disney has lots of money and B. Disney doesn't want this in court and will settle even if they think they could win. The lawyers represent their client, bring the suit, collect the money and never really have to do all the work.

yeah but you can also get in before that point and show this is what you get. But most likely, yes, some lawyer will get involved.

 

[21stamps]

This is the simplest explanation I've read recently about Florida law. http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

Ok so basically I wouldn't have been liable. And Disney isn't liable, unless several employees contradict what Orlando officials are saying.

I still don't think these parents will file a suit. I wouldn't relive that. I do think Disney has already offered to pay for their counseling..as well as much more. The whole family is going to need it, for a long time. I can't imagine ever closing my eyes and not seeing the incident described.

 

[rael ramone]

I just quoted this story above but I'll do it again. http://www.cnn.com/2016/06/15/opinions/hotels-may-avoid-liability-alligator-attack-danny-cevallos/

I've said all along this won't go to trial...because Disney will try and settle beforehand. Before greedy lawyers want to get a massive cut.

Just read it. What happens though when the actions of the wild animals are altered by the negligence of the property owners (knowing about guests feeding them and not stopping them)...

 

[JohnByers]

I am checking into WL on Saturday 6/24 and am wondering if the shoreline there will be getting the rope fencing as well.

 

[JohnD]

I am checking into WL on Saturday 6/24 and am wondering if the shoreline there will be getting the rope fencing as well.

Unlless someone beats you to it, please provide a photo. My hunch is "yes" for all WDW resort shoreline property.

 

[dadddio]

A number of people have claimed that you are warned about alligators when you check in at Grand Floridian. I'm too cheap to know one way or another. Has anyone recently stayed at Grand Floridian and can confirm?

 

[Baltar]

Just read it. What happens though when the actions of the wild animals are altered by the negligence of the property owners (knowing about guests feeding them and not stopping them)...

You are going to have to prove that Disney first hand saw guests feed alligators and ignored it. And you're going to have to show it happened in that area. And I'm not saying I don't believe it happened. I'm pretty sure idiots have fed gators at some point at WDW. But this idea that only a human fed gator would attack a splashing noise at dark is wrong.

 

[peter11435]

A number of people have claimed that you are warned about alligators when you check in at Grand Floridian. I'm too cheap to know one way or another. Has anyone recently stayed at Grand Floridian and can confirm?

I have never been warned about alligators at check in at any WDW resort including the Grand Floridian. But I also have not seen anyone claim they were warned about alligators, just informed not to enter the water.

 

[Hakunamatata]

I remember flying into Orlando in my youth and seeing an alligator on the bank of one of the airport lakes/ponds. I just assumed that if there were alligators there they were everywhere.

 

[dadddio]

I have never been warned about alligators at check in at any WDW resort including the Grand Floridian. But I also have not seen anyone claim they were warned about alligators, just informed not to enter the water.

One facebooker went so far as to claim that they make you sign a waiver at checkin.

 

[PhotoDave219]

Do you have a sworn affidavit that a cast member had saw alligators near GF and Disney ignored the info? Sure. But since that's probably not what happened, I'll say they are okay. Since Disney has the FWC saying how proactive Disney is about removing gators, they'll have that information to back up they were never ignoring an alligator problem.

Given the stories I'm hearing from Celebration Place?

I think they chose this type of fence so that if or when it comes up in court they can claim that the fence is to keep people away from the water (forcing them to follow the existing rules in other words) rather than protect them from the alligators. They will ultimately blame the parents if this goes to court. This should help with that, the signs and the gator feeding are a whole other issue and that would be the harder part for them.

This won't go to court.

 

[G00fyDad]

I can't imagine ever closing my eyes and not seeing the incident described.

I doubt I would ever be right in the head again. I'll be honest with you, I actually had a nightmare last night over this. I dreamt it was my grandson and me standing on that beach. I woke up in a cold sweat over it.

 

[PhotoDave219]

Exactly. I posted something similar earlier in the thread. We could try to "safety proof" everything. But what kind of world would that be?!?

There's a giant difference between an apex predator and what you're describing as safety proofing.