The answer is yes.
But there is a lot of nuance.
You can sue anybody for anything -- But let's look at 3 stages:
1 Will it get immediately dismissed?
Answer is, no, it probably would not get immediately dismissed with some exceptions. If Congress or Florida legislature pass some sort of law giving immunity, then it would be immediately dismissed. Lawsuits by employees could be immediately dismissed, because they have to go through the worker's compensation system.
But a suit by a guest, unless there is some new law blocking those suits, would not immediately get dismissed.
So Disney now has to, at a minimum, spend thousands of dollars defending the suit. Even if Disney were to eventually "win" they would still be out between $30,000 and $300,000 defending the lawsuit.
2. Would it get dismissed as summary judgment or get up through trial?
Here, we really get into the gray, and get into Disney's control. We look at the evidence -- Is there sufficient evidence that a jury *could* conclude Disney acted unreasonably in protecting public safety. Is there evidence Disney wasn't cleaning thoroughly enough. Was Disney dangerously cramming people close together.
If Disney can really show they took EVERY reasonable step.. then MAYBE they can get the case dismissed here. But this is still pretty unlikely.
Also, Disney would face a somewhat unfair situation here:
If they get 1 case dismissed.... great, but it doesn't really establish a standard for other cases. (other plaintiffs can't be penalized for a case they weren't involved in)
But if 1 plaintiff survives a summary judgment motion, it can establish a precedent that can be used against Disney in other cases. (since Disney was involved in the case they lost, it can now be used as a precedent for all the other cases against Disney).
So what types of cases might get dismissed?
Scenario: The infection rate has gotten very low. Disney has taken extraordinary steps to control the infection. In 1 month period, only 10 infections and 1 death are traced to Disney. Disney might be able to get the 1 case dismissed, as certainly they can't be expected to avoid all sickness.
Scenario: In a 1 month period, 2,000 new infections are traced to Disney along with 20-30 deaths. While Disney has taken some social distancing steps, there are still locations in the park that lead to people congregating. Good luck getting those cases dismissed.
3 Would it win at trial?
The answer simply doesn't matter. Disney likely wouldn't take a case to trial. It would be settled before it got to this point.
And here, we look at the strength of the case. If there was a strong case -- Evidence Disney knew the in-park transmission rate was rising, evidence they knew there were specific locations where people were congregating dangerously, evidence they weren't disinfecting fully.... and a younger person died as a result -- it would be a huge settlement.
Very weak evidence -- extremely isolated cases, Disney was taking a ton of reasonable steps, an older person.... it would be a small settlement.
But you can see why it is in Disney's interest to be conservative and take all reasonable infection control steps:
1 -- fewer infections means fewer lawsuits.
2 -- better infection control makes it more likely you can win the lawsuits (or reduce the prospective settlement)
Would Disney rather defend 5 lawsuits which they may settle for an average of $200,000 each... or defend 50 lawsuits that they have to settle for $2 million each?
Here is what their lawyers are telling them right now, "you want to reduce your risk exposure"