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re: Legal question about the Florida Disney world tragedy
Posted on 6/16/16 at 10:25 am to Topwater Trout
Posted on 6/16/16 at 10:25 am to Topwater Trout
I imagine Disney offering a settlement regardless of whether they are at fault. It is common for them to do so in situations where someone would be paraded around on every media outlet. It's why you don't see much after many of these things.
I am also not certain where the private vs public land starts and stops. You can get a speeding ticket from public officials all around there.
In my opinion, this is a terrible tragedy where no one is at fault.
Two trips ago I got a picture of a hornbill eating a red & yellow coral snake right next to the Kidani Village firepit by the pool. Nature happens.
I am also not certain where the private vs public land starts and stops. You can get a speeding ticket from public officials all around there.
In my opinion, this is a terrible tragedy where no one is at fault.
Two trips ago I got a picture of a hornbill eating a red & yellow coral snake right next to the Kidani Village firepit by the pool. Nature happens.
2
Posted on 6/16/16 at 10:25 am to TechDawg2007
Posted on 6/16/16 at 10:28 am to Gris Gris
So apparently there were no swimming signs, and apparently the child was wading in the water. It seems like that could limit some liability on it's own.
Posted on 6/16/16 at 10:29 am to meauxjeaux2
That's in such poor taste.
Posted on 6/16/16 at 10:29 am to TechDawg2007
Perhaps Disney might sue the family for bringing them bad publicity. I know it is crazy but I am trying to look at this another way.
Posted on 6/16/16 at 10:33 am to Chad504boy
All the major Florida firms have already contacted or made an attempt to contact this family. The "commission" is going to be huge more than likely.
From the Florida Bar
From the Florida Bar
quote:
a. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action: 1. 33 1/3% of any recovery up to $1 million; plus 2. 30% of any portion of the recovery between $1 million and $2 million; plus 3. 20% of any portion of the recovery exceeding $2 million. b. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment: 1. 40% of any recovery up to $1 million; plus 2. 30% of any portion of the recovery between $1 million and $2 million; plus 3. 20% of any portion of the recovery exceeding $2 million. c. If all defendants admit liability at the time of filing their answers and request a trial only on damages: 1. 33 1/3% of any recovery up to $1 million; plus 2. 20% of any portion of the recovery between $1 million and $2 million; plus 3. 15% of any portion of the recovery exceeding $2 million.
This post was edited on 6/16/16 at 10:35 am
Posted on 6/16/16 at 10:33 am to chryso
quote:
Perhaps Disney might sue the family for bringing them bad publicity. I know it is crazy but I am trying to look at this another way.
You said it.
That's beyond crazy, it's insanely stupid.
Doing that would reap them a whirlwind of bad publicity never before seen.
Disney will approach the family with a settlement before the family even has to sue. That's how this is done. The settlement will include an NDA, so we'll never know how much it was.
Posted on 6/16/16 at 10:34 am to chryso
quote:
Disney might sue the family for bringing them bad publicity
well, we have a front runner for the dumbest post of the year. no business in their right mind would sue the grieving family and take the media backlash that would come with it
Posted on 6/16/16 at 10:35 am to TechDawg2007
As I recall, the park ticket requires application of Florida law, and mediation prior to suit. I am unsure if the rental agreement on the rooms say that (they would have to have been staying at the GF).
The issue is the "no swimming" sign. The argument a plaintiff's attorney will make is:
it does not say "Do Not Enter The Water" or warn of alligators
Disney will say:
the child was swimming. had the sign been obeyed, he would not have been where the alligator could get him
The issue will be whether Disney enforced the no swimming, as opposed to having knowledge that people had been and were wading in the water near the beach and did not do anything about it.
The issue is the "no swimming" sign. The argument a plaintiff's attorney will make is:
it does not say "Do Not Enter The Water" or warn of alligators
Disney will say:
the child was swimming. had the sign been obeyed, he would not have been where the alligator could get him
The issue will be whether Disney enforced the no swimming, as opposed to having knowledge that people had been and were wading in the water near the beach and did not do anything about it.
Posted on 6/16/16 at 10:35 am to redneck
quote:But this is America and they'd probably win if they took it to court
well, we have a front runner for the dumbest post of the year. no business in their right mind would sue the grieving family and take the media backlash that would come with it
Land of the Free; Home of the Sue Happy
Posted on 6/16/16 at 10:37 am to Gris Gris
Just wondering here and I agree some sort of lawsuit will happen but what grounds do they have to sue upon? Looks like Disney has a pretty stable process of patrolling the lagoons as is and removing any gator over 5ft. It's not like they can remove all of them, cause I mean Disney was built on a swamp an all.
Posted on 6/16/16 at 10:38 am to TennesseeFan25
quote:
So apparently there were no swimming signs, and apparently the child was wading in the water. It seems like that could limit some liability on it's own.
Swimming is not wading though.
Even the man made lake at the park by my house has a sign that says "NO SWIMMING NO WADING" to clarify.
Didn't the signs at DW just say "Please No Swimming"? Sounds more like a polite request from DW and doesn't give the reason for the sign.
I think DW should have been more clear with their signage, especially if they are gonna have inviting beaches that go down all the way to the water at these resorts. Maybe a sign reminding people of the natural wildlife in the area that could be in the water.
People from all over the world visit DW. I've seen signs when hiking at popular trails here warning hikers to be aware of some of the local wildlife they could see on the trail(rattlesnakes, scorpions, etc). They do that because they know many tourists go on those trails and may not be aware of those dangers.
This post was edited on 6/16/16 at 10:41 am
Posted on 6/16/16 at 10:39 am to TennesseeFan25
quote:
So apparently there were no swimming signs, and apparently the child was wading in the water. It seems like that could limit some liability on it's own.
It won't limit anything at all. Those signs are worthless in terms of limiting their liability. They built a beach leading into a lagoon with, by yesterdays count, 11 alligators. I have seen separate cases where property owners had gravel pits on their property that filled with water and local kids would trespass, jump fences, ignore posted signs, and jump in there to swim. In these cases, one ended in severe injury and the other a kid died when they hit an object submerged in the water, the property owner's insurance settled because they didn't have a leg to stand on in court, despite the fences and signs. That's how it works with attractive nuisances. You may not like it, think it is dumb or whatever, but them's the facts of how this works in the real world.
Posted on 6/16/16 at 10:40 am to Cypdog
Posted on 6/16/16 at 10:40 am to lsunurse
Defense's biggest issue is going to be that other hotels in the area had signs warnings of alligators.
This is definitely not a case you take to trial.
This is definitely not a case you take to trial.
Posted on 6/16/16 at 10:41 am to TechDawg2007
They were staying at the grand Floridian, the most expensive resort in all of Disney. It's possible they may be well off.
A settlement will be offered and it will be less than 10mil.
A settlement will be offered and it will be less than 10mil.
Posted on 6/16/16 at 10:41 am to udtiger
quote:
Disney will say: the child was swimming. had the sign been obeyed, he would not have been where the alligator could get him The issue will be whether Disney enforced the no swimming, as opposed to having knowledge that people had been and were wading in the water near the beach and did not do anything about it.
Disney will not say anything of the sort. There will be no trial or mediation. Disney will offer a settlement as soon as their captive insurance company's legal team can put it together.
This post was edited on 6/16/16 at 10:42 am
Posted on 6/16/16 at 10:44 am to SippyCup
quote:
They were staying at the grand Floridian, the most expensive resort in all of Disney. It's possible they may be well off.
Totally irrelevant
quote:
A settlement will be offered and it will be less than 10mil.
Lulz
Posted on 6/16/16 at 10:44 am to Shepherd88
quote:
what grounds do they have to sue upon?
Disney failed reasonable standards of care when it came to an attractive nuisance they owned and maintained.
quote:
It's not like they can remove all of them
Exactly, which is why they should never have constructed a beach leading into it.
Look guys, Disney is effed here. I say that from a professional standpoint of seeing this stuff all day. They will settle out of court.
Posted on 6/16/16 at 10:44 am to TechDawg2007
Settlement, my guess is somewhere around $25MM.
I am curious to see how Disney prevents this type of thing from happening again tho.
I am curious to see how Disney prevents this type of thing from happening again tho.
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