Lejuan
Super Freak
Even supposing a lack of certainty - unlikely given the ongoing monitoring of those areas over time - would you construct a family leisure site by a body of water that potentially contained alligators?
Alligator grabs two year old at Disney World
- Thread starter DinoDB1975
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ali032373
Super Freak
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The burden will be on the plaintiff to demonstrate that Disney knew or should have know about the gators. This seems like a pretty easy thing to prove. The most obvious thing to ask is why did you put up the no swimming sign. Was it to keep people out of the water due to gators? Was there a program in place before this to deal with animals in the water? Did they hire someone to manage that program? Where there any previous attacks? If so, What was disney's response, if any? Did any Disney people meet with city or state officials about animal control? Were there any internal memos regarding animal control? Do any Disney relevant employees have any experience with gators outside of work? Are they aware that the state is almost overrun with gators? We're there any meetings by Disney employees about water safety and gators?
i could do this all night. My point is it seems pretty easy to prove Disney knew about the gators.
i could do this all night. My point is it seems pretty easy to prove Disney knew about the gators.
devilof76
Super Freak
But the question I have is how does their responsibility pan out when the incidence if the animals' presence is a given across the state. It seems nearly impossible that anyone did not know about the gators. Would alligator specific signs absolve them in this case? Do they have an obligation to give their guests the impression that anywhere on their property could be a dangerous animal? Water isn't the only place they can turn up.
Also, the WSJ article I linked stated they have not had an incident in 45 years.
ali032373
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Disneyland is private property. If the kid got grabbed out in a swamp somewhere that would be a totally different issue. But Disney is taking people's money in exchange for entry onto their private property. The highest duty you owe to others coming on to your property is to business invitees (as opposed to trespassers). And I would argue that since gators are ubiquitous in Florida Disney should have had a stringent, thorough program in place so this never happens. Gators are a big thing in Florida and you should have taken the highest measures to educate and control because this is a life and death issue.
The fact that this hasn't happened in 45 yrs does not relieve them from liability. is it that no one's died in 45 yrs? Or there have been attacks and it just didn't result in a fatality?
The fact that this hasn't happened in 45 yrs does not relieve them from liability. is it that no one's died in 45 yrs? Or there have been attacks and it just didn't result in a fatality?
devilof76
Super Freak
I thought we'd covered that Florida game wardens monitor the parks for them.
It just sounds to me that a standard of perfect safety is the expectation, and that doesn't seem realistic. (I have no idea if the 45 year record pertained to deaths or lesser injury.)
It just sounds to me that a standard of perfect safety is the expectation, and that doesn't seem realistic. (I have no idea if the 45 year record pertained to deaths or lesser injury.)
Lejuan
Super Freak
In Australia visitor ignorance of local fauna and environment is assumed. On every beach or inland site popularly frequented by tourists there'll be very specific signage regarding potential for death or injury resulting from rips, snakes, jellyfish, spiders, sharks etc. Tourists often disregard these signs and get bitten, stung, mauled, drowned or lost. But it's considered good form to furnish guests with everything they should know to not die.
devilof76
Super Freak
That's where my confusion stems from. I believe Florida is fairly up front about the danger posed by alligators. Do individual businesses need to brand their location with the threat as well?
Lejuan
Super Freak
If they choose to construct a beach in the context of that danger I'd say yeah
Mr. Green
Super Freak
That fence not looking good. Might as well go to the beach. Lets go to the beach.
devilof76
Super Freak
What about their landscaping? If they build beds large enough for one to hide in the vegetation, do they need signs on each of them?
Mr. Green
Super Freak
Disney should be Zika free this summer.
Mr. Green
Super Freak
devilof76
Super Freak
Lejuan
Super Freak
Patrons should be made aware of the potential risks within the bounds of the resort
My guess is Disney placed 100% faith in the monitoring, an approach likely driven by commercial concerns that specific signage warning of alligators would deter patronage in the context of what was deemed a very small risk.
fosing
Super Freak
Lejuan
Super Freak
The message in that clip is appalling. Slacking off is an Australian institution.
fosing
Super Freak
that clip is like home and away directed by eli roth. 
devilof76
Super Freak
Patrons should be made aware of the potential risks within the bounds of the resort
My guess is Disney placed 100% faith in the monitoring, an approach likely driven by commercial concerns that specific signage warning of alligators would deter patronage in the context of what was deemed a very small risk.
Well, they have new signs now. They also warn of snakes, but only in the beach areas. Guests will be on their own until someone gets attacked by an animal hiding behind a palm shrub.
