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re: Parents of Kid killed by gator at disney wont Sue
Posted on 7/20/16 at 12:51 pm to FLObserver
Posted on 7/20/16 at 12:51 pm to FLObserver
Disney was in a lose/lose situation here. Either they admit they knew about the gator problem, or they go on the offensive and attack the parents for letting their child "play" in the water to begin with. Either way its a PR nightmare.
0
Posted on 7/20/16 at 12:53 pm to Honky Lips
We do both. Disney once every 2 or 3 years and other vacations yearly. We're lucky and don't have to choose. For instance, we have a Disney trip scheduled in November... Food and Wine Festival and the wine&dine races. But we did Oregon back in April and are doing Hawaii in December.
And I've been happy with Disney. I enjoy it and enjoy it exponentially more when I'm with loved ones who have fun there. We hardly go alone anymore.
And I've been happy with Disney. I enjoy it and enjoy it exponentially more when I'm with loved ones who have fun there. We hardly go alone anymore.
Posted on 7/20/16 at 12:55 pm to FLObserver
Stupid decision that crappy company will not be fair with them nor should they be let off the hook
Posted on 7/20/16 at 12:56 pm to TSLG
quote:
You guys sure do change your tune, and love the support of an attorney, when somebody tells you to go **** yourself.
Attorneys are scum
Posted on 7/20/16 at 12:58 pm to FLObserver
quote:
Wow! bet there were some upset lawyers on this one.
I would bet that lawyers were involved in some fashion.
Posted on 7/20/16 at 1:07 pm to logjamming
quote:
This is patently incorrect.
In car crash cases in any case. That is absolutely correct for car crashes. I would be surprised if Disney offered a lower amount.
Posted on 7/20/16 at 1:15 pm to LeonPhelps
quote:Where?
In car crash cases in any case. That is absolutely correct for car crashes.
Posted on 7/20/16 at 1:20 pm to Honky Lips
quote:
Not at all. I just prefer my vacations to look like this. Enjoy carousel of progress though.
You can definitely tell who takes vacations every 10 years in the Disney threads. Y'all act everyone takes their only vacation they'll ever go on to Disney.
eta: And I love the Carousel of Progress. It's cool, there's never a line and I love Uncle Orville.
This post was edited on 7/20/16 at 1:21 pm
Posted on 7/20/16 at 1:29 pm to Honky Lips
I find in laughable that people assume people who go to Disney go no where else.
I try to take three to four trips a year, and go to Disney maybe once every 3-4 years. (last was 2014)
Nice you like beautiful scenery. Great and if you can only take a trip a year, fine.
I try to take three to four trips a year, and go to Disney maybe once every 3-4 years. (last was 2014)
Nice you like beautiful scenery. Great and if you can only take a trip a year, fine.
Posted on 7/20/16 at 1:30 pm to MightyYat
quote:
And I love the Carousel of Progress. It's cool, there's never a line and I love Uncle Orville.
plus its a great spot to get a rest after walking all day and it's always cold in there.
Posted on 7/20/16 at 1:33 pm to Napoleon
I love great views of mountains, oceans, and coasts. My wife and I (no pics, and no kids) also sometimes enjoy going to a place where entertainment is very convenient. The attention to detail on that property is out of this world.
Also 8k is crazy talk.
Also 8k is crazy talk.
Posted on 7/20/16 at 1:50 pm to FLObserver
We kind of figured it would play out like this from the beginning. Best for everyone involved to just come to an undisclosed settlement and everyone try to move on from there.
Posted on 7/20/16 at 1:53 pm to LeonPhelps
quote:As a plaintiff's guy, I wish you were right - but you are not.
In car crash cases in any case. That is absolutely correct for car crashes. I would be surprised if Disney offered a lower amount.
In any event, this whole thread is far overestimating the value of this case from a plaintiff's perspective. Is a deceased 2-year old worth a few million? Sure, if liability isn't a question. But in this case, it is - and it favors DW.
Google tells me that Florida, like Louisiana, is a pure comparative fault state. (If you are in a wreck, and it's 40% your fault, your damages are reduced by 40%).
Let's give the child a pretty high number like $5MM. Some of you may not think this is high, but it is - recall there are no punitive damages here. Let's roughly say that 60% of the time (and this is probably low), a jury would find no fault at all with DW. There are signs warning of dangers, and this is a lake in Florida at night, after all. So let's look at that 40% of the time when a jury would tag DW with some fault - it won't be close to 100% fault. Let's generously go with 50% fault - again this is generous - the parents will catch some fault here as detailed above - and let's also not forget that just b/c something bad happens doesn't mean it's somebody's fault. So DW would likely be looking at far less than 50% fault in the verdicts where they are assigned any fault at all.
So let's reduce that $5MM award by 60% of the time that the plaintiffs will outright lose - and another 50% for comparative fault in the event they win. Now we are looking at $1MM. Reduce it further by the settlement discount - to avoid the time, money and effort of litigating, and the reduce the risk of trial - and I would venture we are looking at a settlement no higher than the $400-500k range.
Just my guess.
Posted on 7/20/16 at 1:55 pm to NaturalBeam
Most likely 1 to 3 million. Disney has settled on dead kid cases before. This isn't something they are completely unfamiliar with.
Posted on 7/20/16 at 1:56 pm to FLObserver
Posted on 7/20/16 at 1:59 pm to NaturalBeam
I'm in-house for a very large company (about as well known as Disney). A lot of what you said it spot on, if this story never caught on that figure would be right.
The media attention probably undoes everything you said after the kid being worth $5 million. They probably settled for around that amount leaving both sides happy.
The press and publicity from a lawsuit would be awful for Disney. I would have advised them settle from anything below $10 basically regardless of how I felt liability would be assessed.
The media attention probably undoes everything you said after the kid being worth $5 million. They probably settled for around that amount leaving both sides happy.
The press and publicity from a lawsuit would be awful for Disney. I would have advised them settle from anything below $10 basically regardless of how I felt liability would be assessed.
Posted on 7/20/16 at 2:00 pm to ForeverLSU02
quote:
I'm 32 and my wife is 30. When we tell people that we've never been to Disney they look at us like we've got the plague or something
I'm 30 and went for the first time this year. The day I landed was the night club shooting and then midway through my trip the alligator attack happened. Rough week in Orlando.
That being said, this story doesn't become near the headline nationwide if the news outlets weren't already in Orlando covering the shooting.
This post was edited on 7/20/16 at 2:22 pm
Posted on 7/20/16 at 2:01 pm to CorporateTiger
quote:Disney has dealt with these types of incidents before. They understand the public relations angle and the value of the case. I can almost guarantee they did not pay over 5 million and I would be surprised if they went that high.
The press and publicity from a lawsuit would be awful for Disney. I would have advised them settle from anything below $10 basically regardless of how I felt liability would be assessed.
Posted on 7/20/16 at 2:04 pm to PearlJam
Maybe not, but especially for a tourism oriented business, the ill will could easily be worth more than the cost of the lawsuit.
This is the type of business I do, and the potential negative outcomes of fighting this far outweigh a 5 million settlement.
Kids die at Disney from time to time, but this incident was on another level in terms of press coverage.
This is the type of business I do, and the potential negative outcomes of fighting this far outweigh a 5 million settlement.
Kids die at Disney from time to time, but this incident was on another level in terms of press coverage.
Posted on 7/20/16 at 2:06 pm to CorporateTiger
quote:That's fair - I've handled some cases that had plenty of media attention at the local and surrounding areas, and was able to use that to drum up the settlement a bit. But I admittedly do not know how and how much a national story would affect settlement.
A lot of what you said it spot on, if this story never caught on that figure would be right.
Hopefully my post simply illustrates that there is much more involved in these amounts than the question "how much my kid is worth to me" that some folks can't seem to get past. Media attention is certainly a factor as well, as you pointed out.
quote:And this is duly-noted in the event our paths ever cross in a similar fashion
I would have advised them settle from anything below $10
This post was edited on 7/20/16 at 2:09 pm
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