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re: Legal question about the Florida Disney world tragedy
Posted on 6/16/16 at 10:48 am to TechDawg2007
Posted on 6/16/16 at 10:48 am to TechDawg2007
Disney is not going to court on this. The judgment against them could be HUGE. It's not out of the realm of possibility that it could be a nine figure judgment.
Two year old vacationing at one of their resorts is killed in front of his Dad! I think that settlement will be at least $50 million.
Two year old vacationing at one of their resorts is killed in front of his Dad! I think that settlement will be at least $50 million.
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Posted on 6/16/16 at 10:51 am to meauxjeaux2
quote:
meauxjeaux2
Wow! Disney will pay for sure! My guess no less than 25 mill. No signs posted about alligators! wow! Sad thing is Disney will just raise prices to cover it.
This post was edited on 6/16/16 at 10:56 am
Posted on 6/16/16 at 10:51 am to lsunurse
quote:
I think DW should have been more clear with their signage
Clearly there is no point, if you are going to argue semantics there would be no signage that you would say would limit their responsibility.
No swimming is clear enough to 99.9999999999% of the population
Posted on 6/16/16 at 10:51 am to hiltacular
quote:
I am curious to see how Disney prevents this type of thing from happening again tho.
Bulkhead all along the shoreline, no beaches, and posted WARNING: ALLIGATORS, DO NOT APPROACH LAKE signs. The one thing that just destroys them here is building that beach - which an inducement to enter the water, signs or not. That beach is a massive object of negligence. Even then, without a beach and with signs, they'd still probably have to settle if it happened again. 1) That gator lake is an attractive nuisance so they'd probably lose and 2) the publicity for fighting the suit would be turrble anyway. They just have to set aside a fund for it happening and do their best to remove alligators to keep themselves from having to pay out again.
Posted on 6/16/16 at 10:51 am to TechDawg2007
Honestly in this case, I do think Disney is morally liable to help the family.
Signage or not, when on a resort's property you should have a reasonable expectation of not being taken out by an alligator.
I'd hate to be an alligator in the area moving forward.
Signage or not, when on a resort's property you should have a reasonable expectation of not being taken out by an alligator.
I'd hate to be an alligator in the area moving forward.
This post was edited on 6/16/16 at 10:53 am
Posted on 6/16/16 at 10:52 am to Cooter Davenport
quote:
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.
Completely agree. Disney wants this to go away. They will reach a settlement agreement with the family, have them sign a NDA, and wait for this story to pass with time. They don't want this kid's parents going on talk shows and dragging out the tragedy. They want it to be done so they can go back to being the happiest place on Earth.
Posted on 6/16/16 at 10:53 am to hiltacular
quote:
I am curious to see how Disney prevents this type of thing from happening again tho.
The better remove all the poisonous snakes and spiders too. They've built a haven form them with that lagoon.
Posted on 6/16/16 at 10:53 am to lsunurse
quote:
Didn't the signs at DW just say "Please No Swimming"?
No, but that doesn't really matter from a legal standpoint.
Posted on 6/16/16 at 10:55 am to terd ferguson
quote:
Completely agree. Disney wants this to go away. They will reach a settlement agreement with the family, have them sign a NDA, and wait for this story to pass with time. They don't want this kid's parents going on talk shows and dragging out the tragedy. They want it to be done so they can go back to being the happiest place on Earth.
Yep.
You also have to consider the monetary value of the kids parents NOT going on the talk show / morning show circuit. You approach them with a settlement and an NDA and nobody hears from them, ever. For an organization literally selling happiness, that may be MORE valuable than whatever they are out in the settlement itself.
This post was edited on 6/16/16 at 10:57 am
Posted on 6/16/16 at 10:55 am to Swoopin
quote:
I'd hate to be an alligator in the area moving forward.
The easiest thing for them to do is get rid of that beach and any like it. Put in rocks, a wall, whatever. Anything that tells people that can't or won't read to stay out of the water.
Posted on 6/16/16 at 10:58 am to TennesseeFan25
quote:
Clearly there is no point, if you are going to argue semantics there would be no signage that you would say would limit their responsibility. No swimming is clear enough to 99.9999999999% of the population
Like the other poster mentioned....the thing that screwed DW the most was making an inviting beach that goes all the way down to the water.
And again....wading is not swimming.
When you go walking along the beach say at Destin and you walk into the ocean where your feet are less than in a foot of water at time, do you tell people "I'm going swimming in the ocean"?
Posted on 6/16/16 at 11:00 am to TechDawg2007
Considering they made a million dollar donation to help the Pulse shooting victims I'm sure they'll offer some sort of settlement.
The law may not differentiate between the two. I posted this in the other thread, but there are parks on the Arkansas River that have no swimming signs. If you get in the water at all you will be ticketed. I had a friend that took his ticket to court and lost. All he did was wade out on a sand bar that's normally out of the water so that he could cast into the main channel.
quote:
And again....wading is not swimming.
The law may not differentiate between the two. I posted this in the other thread, but there are parks on the Arkansas River that have no swimming signs. If you get in the water at all you will be ticketed. I had a friend that took his ticket to court and lost. All he did was wade out on a sand bar that's normally out of the water so that he could cast into the main channel.
This post was edited on 6/16/16 at 11:05 am
Posted on 6/16/16 at 11:04 am to lsunurse
quote:
When you go walking along the beach say at Destin and you walk into the ocean where your feet are less than in a foot of water at time, do you tell people "I'm going swimming in the ocean"?
Nope, but if I saw a sign there that said "No Swimming" I'd stay out of the water.
Posted on 6/16/16 at 11:08 am to Chad504boy
quote:
family should have zero emotional distress about the monies they receive. Make their other child want for nothing and try their best to find peace in life with no financial troubles.
Totally agree. That money will go towards mitigating pain (incl increased safety awareness on Disney's part), not hookers and blow, etc.
Their nightmare will always be playing regardless of their bank accounts.
Posted on 6/16/16 at 11:11 am to TechDawg2007
quote:
Will Disney offer some type of settlement to the family? If not, would you sue Disney?
Reports are coming out about a UK family that had an alligator lurch out of water at them a few weeks before this incident while they were watching fireworks near the same spot. They claim to have reported it to security. If so, makes it more of a failure for Disney.
Posted on 6/16/16 at 11:12 am to lsunurse
quote:
the thing that screwed DW the most was making an inviting beach that goes all the way down to the water.
This. All fricking day.
If it is a safety risk, then don't make the entrance inviting. If there are known gators in the lake, it'd be more appropriate to establish barriers more akin to zoo structure.....esp. considering small children are always present.
Posted on 6/16/16 at 11:14 am to TechDawg2007
Disney will offer compensation without needing to be sued. Whether it is enough or not is another matter. I predict they will offer $10-15M. $10M is the going rate for a car crash death.
Posted on 6/16/16 at 11:16 am to Cypdog
quote:
In my opinion, this is a terrible tragedy where no one is at fault.
I think both parties share almost the same amount of responsibility and Disney will settle
Posted on 6/16/16 at 11:23 am to Topwater Trout
quote:
I think both parties share almost the same amount of responsibility and Disney will settle
so, do you think the family interpreted "no swimming" as "danger alligator habitat" or "water quality not suitable for exposure"?
Posted on 6/16/16 at 11:24 am to Raz4back
quote:
The law may not differentiate between the two. I posted this in the other thread, but there are parks on the Arkansas River that have no swimming signs. If you get in the water at all you will be ticketed. I had a friend that took his ticket to court and lost. All he did was wade out on a sand bar that's normally out of the water so that he could cast into the main channel.
There's no law at play here. Your friend violated a criminal statute on state property. That's defined. A "no swimming" sign at a private resort doesn't have an officially codified definition of "swimming" associated with it like a criminal statute does. It's open to interpretation what it meant. The standard that will be applied will be reasonableness. What would a reasonable person assume is meant by that? It depends. Seeing as how they created an inviting beach on down to the water, a reasonable person may assume that it is okay to wade, but not to actually swim out into the lake.
This post was edited on 6/16/16 at 11:27 am
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