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Started By
Message
re: Legal question about the Florida Disney world tragedy
Posted on 6/16/16 at 1:48 pm to UHTiger
Posted on 6/16/16 at 1:48 pm to UHTiger
quote:
insurance adjusters
They're not dealing with an insurance company. They self-insure. They fund a captive and get it licensed and all that company does is manage the initial investment and insure them. This is a sunk cost of doing business. So they're already "out" what they'll pay here - that money went by the wayside when they funded that captive.
0
Posted on 6/16/16 at 3:44 pm to lsunurse
quote:
When you go walking along the beach say at Destin and you walk into the ocean
Posted on 6/16/16 at 4:15 pm to CharlesLSU
quote:
do you think the family interpreted "no swimming" as "danger alligator habitat" or "water quality not suitable for exposure"?
Probably not but i think the fathers negligence was letting a 2 yr old wade in water at 9pm in an area that was posted with no swimming signs.
Posted on 6/16/16 at 4:18 pm to Topwater Trout
Here's an article on the woman who let her 3 year stand there just before the gator incident. It's been mentioned by some folks. Yet another negligent parent.
LINK
LINK
Posted on 6/16/16 at 4:23 pm to TechDawg2007
Normally Disney will aggressively fight lawsuits to avoid any precedent for paying out. That said, this is a different situation. First, there is the PR factor and everybody's watching. If the family is not compensated fairly, there will be those who boycott, those who simply won't go, etc. Bottom line is that the bottom line has the potential to be adversely impacted. So Disney and its CEO need to proceed cautiously with this matter.
Posted on 6/16/16 at 4:25 pm to TechDawg2007
Before I left the resort, I'd be in the room with the right people and tell them $10MM straight to me and I won't talk to an attorney, a talk show, or anyone else about this.
Posted on 6/16/16 at 4:25 pm to Gris Gris
People can be negligent and nothing ever happen. It happens millions a times a day across the country.
So you have never asked questions about any toys, games, etc for your children since they weren't listed on warning labels?
So you have never asked questions about any toys, games, etc for your children since they weren't listed on warning labels?
Posted on 6/16/16 at 4:48 pm to Gris Gris
I assume that is tongue in cheek.
Lets get some shite straight. Disney is self insured and horrible company to litigate against and they have to be sued to pay, always...so far anyway.
The no swimming signs didn't have a GD thing to do with gators or the million poisonous snakes on their property. As I matter of fact you used to be able to swim there. They just didn't want to put life guards out there anymore, since when they put in the additional pool no many people swam in the lake. And the kid wasn't swimming to begin with.
Many former Disney employees have come forward and said they worked there many years had no clue gators were on in the lake and assumed they weren't because so much traffic.
They were watching a movie which was for kids and I am sure fireworks which occur about that time. So the small boy was supposed to be there and was on that beach with lots of other kids, one was in same spot minutes before the attack from previous post.
Disney has never warned anyone of any animal attacks ever except at animal kingdom. People are attacked by wild animals like snakes, racoons, etc every year at Disney.
There has been at least one prior gator attack at Disney in the 80s.
Grand Floridian and much of Disney is now a green resort, which means that it is designed to support local wildlife. Great for bass fishing etc. Bad for snakes, gators, etc. They intentionally let edges of water grow up with weeds etc. for this reason.
Hence, If the gator was using this as natural cover and there were recent sightings or employees reported this then they probably under a legal duty and should have warned the general public particularly people with small kids, (their target base) about the risk. (However, they would never do based upon prior animal attacks. Happiest place in the world with animal characters as mascots can't do this. Inconvenient and inconsistent with their message. )
Since they have already killed 5 gators and I expect they are going to relocate many more from that massive lake I don't see how they were not noticed by someone prior to this since they have to resurface to breathe and any swamp boy knows a gator bubble trail when he sees it.
It is on the other hand a freak accident, like the lady indirectly killed by a snake last year. (Died of heart attack after son was bitten by snake that fell from a tree. In litigation I believe. Disney's defense it was not deadly snake.)(That water moccasin I moved off the walkway between Polynesian hotel and the grand floridian years ago sure as hell was though.)
Gator attacks are very rare even in Florida, and deadly ones even rarer that deadly shark attacks.
These people are from Nebraska, and there is nothing about alligators in any disney guidebook, official or otherwise.
Finally, Florida Gators are mostly ill tempered assholes.
Lets get some shite straight. Disney is self insured and horrible company to litigate against and they have to be sued to pay, always...so far anyway.
The no swimming signs didn't have a GD thing to do with gators or the million poisonous snakes on their property. As I matter of fact you used to be able to swim there. They just didn't want to put life guards out there anymore, since when they put in the additional pool no many people swam in the lake. And the kid wasn't swimming to begin with.
Many former Disney employees have come forward and said they worked there many years had no clue gators were on in the lake and assumed they weren't because so much traffic.
They were watching a movie which was for kids and I am sure fireworks which occur about that time. So the small boy was supposed to be there and was on that beach with lots of other kids, one was in same spot minutes before the attack from previous post.
Disney has never warned anyone of any animal attacks ever except at animal kingdom. People are attacked by wild animals like snakes, racoons, etc every year at Disney.
There has been at least one prior gator attack at Disney in the 80s.
Grand Floridian and much of Disney is now a green resort, which means that it is designed to support local wildlife. Great for bass fishing etc. Bad for snakes, gators, etc. They intentionally let edges of water grow up with weeds etc. for this reason.
Hence, If the gator was using this as natural cover and there were recent sightings or employees reported this then they probably under a legal duty and should have warned the general public particularly people with small kids, (their target base) about the risk. (However, they would never do based upon prior animal attacks. Happiest place in the world with animal characters as mascots can't do this. Inconvenient and inconsistent with their message. )
Since they have already killed 5 gators and I expect they are going to relocate many more from that massive lake I don't see how they were not noticed by someone prior to this since they have to resurface to breathe and any swamp boy knows a gator bubble trail when he sees it.
It is on the other hand a freak accident, like the lady indirectly killed by a snake last year. (Died of heart attack after son was bitten by snake that fell from a tree. In litigation I believe. Disney's defense it was not deadly snake.)(That water moccasin I moved off the walkway between Polynesian hotel and the grand floridian years ago sure as hell was though.)
Gator attacks are very rare even in Florida, and deadly ones even rarer that deadly shark attacks.
These people are from Nebraska, and there is nothing about alligators in any disney guidebook, official or otherwise.
Finally, Florida Gators are mostly ill tempered assholes.
This post was edited on 6/16/16 at 4:50 pm
Posted on 6/16/16 at 4:55 pm to anc
quote:
Before I left the resort, I'd be in the room with the right people and tell them $10MM straight to me and I won't talk to an attorney, a talk show, or anyone else about this.
So let me get this straight..
If that was your 2 year old son that you saw taken away from your very eyes by an alligator into the lagoon... instead of trying to be there for your wife and remaining child and working with officials so that you could hurry up and go back to your home and start the very painful process of burying your child.....
You would automatically be thinking 10 million dollars sounds like good hush money to you and figuring out who to talk with to make that happen?
Posted on 6/16/16 at 4:56 pm to TutHillTiger
Posted on 6/16/16 at 4:57 pm to lsunurse
Yeah, what an idiot. I'd be thinking easily 10 times that number.
Posted on 6/16/16 at 5:05 pm to SabiDojo
Yeah, I'm not leaving the room until Mickey himself brings me one of those big novelty checks.
Posted on 6/16/16 at 5:41 pm to TechDawg2007
quote:
Will Disney offer some type of settlement to the family?
they will sue, even though this isn't Disney's fault, and Disney will settle even though they don't have to.
Posted on 6/16/16 at 5:51 pm to kywildcatfanone
quote:
they will sue, even though this isn't Disney's fault, and Disney will settle even though they don't have to.
Yeah, that's not Disney's M.O. They will settle because they will recognize that they are partially or wholly liable. Their only argument is that the parents bear some percentage of liability. Good luck pointing the finger at a grieving family in front of a jury.
Disney can't even point the finger at a 3rd party vendor hired to remove the gators because they handled that in-house as well (to control the costs and maximize profits). Poor negligent Disney
Posted on 6/16/16 at 5:54 pm to tigerpimpbot
quote:
hired to remove the gators because they handled that in-house
that's like hiring(or doing it in house,) to remove all of the mocs and gators from the Atchafalaya basin but our peers are idiots, judges, pretty much as well
Posted on 6/16/16 at 5:59 pm to Gris Gris
quote:
Yet another negligent parent.
Agreed.
Posted on 6/16/16 at 6:05 pm to TutHillTiger
quote:
Many former Disney employees have come forward and said they worked there many years had no clue gators were on in the lake and assumed they weren't because so much traffic.
Less than a minute on Google shows years of people talking about alligators in that very water. There are even images of them. I didn't work there and have never been there, but it's pretty easy information to find. Now, it's possible the dude selling hot dogs on the other side of the property didn't know, or didn't care if they were there. Still, let's not pretend this was some big secret.
quote:
one was in same spot minutes before the attack from previous post.
Nope.
Posted on 6/16/16 at 6:29 pm to 777Tiger
quote:
that's like hiring(or doing it in house,) to remove all of the mocs and gators from the Atchafalaya basin
Well maybe it would be if Disney owned the basin, charged people entry to go into the basin and exercised control over the basin.
This post was edited on 6/16/16 at 6:33 pm
Posted on 6/16/16 at 6:37 pm to tigerpimpbot
Looks like those "No Swimming" signs didn't do dick all to keep guests away from the water and Disney didn't seem to mind.
Posted on 6/16/16 at 6:46 pm to BamaChick
Disney must hate children
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