https://www.washingtonpost.com/news...no-name:homepage/story&utm_term=.5b07bb778761
Some excerpts:
“There isn’t a waterway in Florida that doesn’t have an alligator in it,” said Kenneth Krysko, herpetology collections manager at the Florida Museum of Natural History and an expert on the state’s alligators and crocodiles.
The mating season, which Krysko said just ended, is when most attacks occur. Big males become very territorial, and smaller males like the one suspected of taking the 2-year-old scatter to smaller bodies of water to feed. The hour of the attack, about 9 p.m., is an optimal time for feeding. “Yes, that is the time of day that alligators are coming out and feeding. People are at the surface, splashing around. It’s just so sad because you have a 2-year-old, which is very small. A four-to-six-foot alligator can view that as prey. An animal would have no problem getting such a child.”
"Krysko wondered whether the alligator in Tuesday’s attack, unlike most, had no fear of humans. He suspects that visiting tourists might have been feeding it. “That’s the big problem. It loses its natural fear of humans when that happens. It goes up to humans, sees a child, and that’s the first thing it takes. That’s the sole reason why it’s illegal to feed an alligator in the wild.”
Apparently, the fact that the beach was on a man made lake makes no difference.
"Frank Mazzotti, a professor of wildlife ecology at University of Florida, said the fact that the Disney lagoon was man-made matters little. Alligators pop up constantly in man-made canals, golf course lakes and retention ponds that dot the state. “It’s really impossible to keep them out of any body of water,” Mazzotti said."
"But who is at fault will likely become a central question after the initial shock of the tragedy begins to fade.
Alan Sykes, a professor at Stanford Law School, said the Walt Disney Co. could be held liable for the incident if there is proof of negligence.
“The hotel owes a duty of care to its customers to take reasonable measures to make the premises safe,” said Sykes, who stressed that he didn’t know all the details about the incident in Orlando. “That would include if there are hidden hazards in a lagoon on the hotel property.”
He said a key question would be whether the resort had prior knowledge of alligators in the water near the hotel and what it had done to mitigate that issue, or at least adequately warn tourists of the potential dangers. “A simple ‘no swimming’ sign might be deemed insufficient,” he said. “If it gets litigated, it’s most likely a case about reasonable warning.”
Whatever the particulars, Sykes said the case is almost certain to attract the attention of lawyers seeking to sue the resort.
“I wouldn’t be surprised if Disney ends up settling this, even if they have some decent legal argument,” he said. “It’s a black eye on the Disney resort.”
Matt Morgan, an Orlando attorney who has litigated numerous negligence cases against Florida theme parks, agreed that any case would turn on a couple central questions. “What did Disney know about the presence of alligators and when did they know it? What protections were in place for these visitors?” he said. “If Disney knew and did not take steps to warn visitors, they could be liable.”