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re: Legal question about the Florida Disney world tragedy
Posted on 6/16/16 at 7:17 pm to Topwater Trout
Posted on 6/16/16 at 7:17 pm to Topwater Trout
They just had a guy on CNN that was talking about a time when he stayed at one of the Disney resorts(Coronado Springs Resort). Him and his son spotted an alligator on the property and found an employee to notify them. He said the employee told him the alligator was basically considered a park pet and completely harmless. The guy goes on to say he replied back to the employee telling her alligators are not harmless and certainly not considered pets and that he hopes one day he doesn't read about a child being killed by one at Disney because employees don't seem to think it's a concern enough to alert guests about.
2
Posted on 6/16/16 at 7:21 pm to lsunurse
That guy will be subpoenaed for deposition. 
This post was edited on 6/16/16 at 7:22 pm
Posted on 6/16/16 at 7:22 pm to tigerpimpbot
He already said he had reached out to the parents to offer any help they needed. So I'm sure he is quite ok with giving his statement to lawyers.
Posted on 6/16/16 at 7:28 pm to lsunurse
Can't wait to see how the parent blaming posters on here will ignore the evidence, sort of like the how the jurors did at the OJ trial.
This post was edited on 6/16/16 at 7:29 pm
Posted on 6/16/16 at 8:02 pm 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.
IMO that warning would only seem to be addressing common swimming related risks (i.e drowning or cutting yourself on something). Doubt the scope of warning would be broad enough to include alligator attacks. People from the South might expect that to be a risk; but, there are people from all over the world visiting that would never consider that risk if they got in the water.
I assume the kid and his dad would still be considered invitees even though they were standing in the water with a no swim sign, which should mean attractive nuisance wouldn't apply since it's only for child trespassers. That may be an interesting argument though. Pretty high standard of care owed either way for Disney.
Posted on 6/16/16 at 8:32 pm to lsunurse
If true that is messed up...unless it was a 4ft gator
Posted on 6/16/16 at 8:35 pm to tigerpimpbot
if the child was in the care of a babysitter or nanny when the attack occurred I bet more people that don't want to put any portion of the blame on the parents would be more willing to say the nanny shouldn't have had the kid wading in water at night
This post was edited on 6/16/16 at 8:39 pm
Posted on 6/16/16 at 8:36 pm to BamaChick
That's not the same hotel.
Posted on 6/16/16 at 8:38 pm to TechDawg2007
Disney will settle. Expect somewhere in the $40-$60 million range. Family will be set for life and still will never truly be the same.
Posted on 6/16/16 at 8:41 pm to tiger91
quote:
I'm not saying they'd be wrong to sue and I'm not saying that Disney would be wrong to settle BUT is it Disney's "fault"?
Disney was aware of alligators in the lagoon and did nothing to protect or alert their guests. It's absolutely their fault.
Posted on 6/16/16 at 8:44 pm to LSUZombie
Not true they did try to protect they didn't warn the guests
Posted on 6/16/16 at 8:47 pm to Topwater Trout
quote:
they didn't warn the guests
Think of it this way. If there had been signs specifically warning about the possibility of alligators in the water(even something reminding guests that alligators are considered native wildlife in Florida and therefore could be in the area).....do you think that family would still have gone wading along the shoreline of that beach?
Posted on 6/16/16 at 8:51 pm to LSUZombie
quote:
$40-$60 million range
No way
Posted on 6/16/16 at 8:53 pm to TechDawg2007
Serious? 
Posted on 6/16/16 at 8:53 pm to Topwater Trout
quote:
the child was in the care of a babysitter or nanny when the attack occurred I bet more people that don't want to put any portion of the blame on the parents would be more willing to say the nanny shouldn't have had the kid wading in water at nigh
I completely agree. A jury would be more willing to apportion fault on a caregiver who is not related to the child.
Posted on 6/16/16 at 8:53 pm to tigerpimpbot
Higher,want to bet?
Posted on 6/16/16 at 8:57 pm to tigerpimpbot
It will never go to trial and j doubt they more than 20 mil
Posted on 6/16/16 at 8:59 pm to nc14
quote:
Higher,want to bet?
For a wrongful death settlement in Orange County? Yeah, they won't get a jury verdict for that. It's not like they can present a $20 million life care plan in future economic damages like the kid was paralyzed. This is straight up pain and suffering of the parents. $10m-$20m is the upper range for a settlement for simple negligence in a Wrongful Death claim like this.
Posted on 6/16/16 at 9:05 pm to anc
quote:
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.
Ah, the OT sometimes
Posted on 6/16/16 at 9:07 pm to lsunurse
That particular family? I have no idea but I guarantee you plenty of families would dismiss the minuscule threat of a gator attack.
Ever been to the beach? Sharks attack people...families still go in the water. Now tell me how an alligator warning sign would keep guests from wading and walking along the waters edge.
Ever been to the beach? Sharks attack people...families still go in the water. Now tell me how an alligator warning sign would keep guests from wading and walking along the waters edge.
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