2 Year Old Dragged into Water by Gator at Disney Resort

[Anonymous]

Plenty of people lose their kids under bizarre or tragic circumstances. Somehow they seem to eventually be able to pick up their lives even without multi-million dollar settlements.

[Anonymous]

Five innocent gators had to die....

[Anonymous]

Anonymous wrote:Five innocent gators had to die....

LOL. Seriously?

[Anonymous]

Anonymous wrote:How is losing a child to a freak accident like a gator attack different from any other way you might lose s child?

NP here. I'd feel like my child got eaten by a monster. The thing you always tell them isn't real. While I was right there with them. It's very horrifying.

[Anonymous]

Anonymous wrote:Plenty of people lose their kids under bizarre or tragic circumstances. Somehow they seem to eventually be able to pick up their lives even without multi-million dollar settlements.

Some do, some don't. I hope this family is able to move on.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:And I'll add, $6 mil is probably nothing to that family either, in comparison to the permanent lose of their son.

And the magical $500 billion Dr Evil quoted a few pages back is? The reality no amount of money brings the kid back or takes away the pain.

Right, that was my point, perhaps not made well.

To those talking about massive settlements in hundreds of millions, maybe the Plaintiffs attorney will come back to explain (I don't practice this area of law), but in wrongful death cases, there are actual values placed on a person's life, and on the suffering of the plaintiffs, which are calculated using all sorts of criteria. That's why there is not a limitless cap on what a family might receive in settlement for loss of their toddler's life. In the case of a small child, I'm not sure what the criteria are, but I'm guessing that's what the PP attorney was basing his 6 mil max figure on.

But to win on a wrongful death case, you have to prove fault - and so far I see no fault on the part of Disney. Based upon what I know (which may be false and incomplete) I, as judge, would throw the case out on summary judgment in that I don't see Disney as being at fault or negligent . . yet.

All a lawyer needs to do is bring in one of the many witnesses to almost gator attacks on Disney property. Thank goodness you're not a judge btw

How much experience do you have with animals, wild or domesticated? An almost attack isn't an attack.

[Anonymous]

In other suits, Florida laws have been interpreted that property owners are not responsible for wild animal attacks unless they kept them as pets.

Also, from an earlier article posted, when it comes to alligator attacks, courts in Florida have held that a swimmer's disregard of "No Swimming" and other warning signs were the sole cause of the serious injuries.

So, actually , it looks like little legal liability for Disney.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My sense is that they got lazy/ complacent about their removal efforts. Probably never thought it would happen. Disney is done.

Lol, sure. There were plenty of people on this very thread saying they're still going next week/later this year. It's not done and plenty of people still recognize that ONE alligator death out of millions of visitors over 40 years means you're still SUPER SAFE from alligators at Disney. You're as safe from them there as you are any other place in Florida. This was an anomaly. It's not putting Disney out of business. They will pay the family $20 mil and put up new signs. The world spins on.

Nope. If this gets to a jury, the jury will return a $500 billion verdict. This would be a meritorious lawsuit if there ever was one. Disney knows this. The settlement offer will have to be more like $300 million. That they knew about alligators per the San Diego lawyer and did not prevent this is sickening.

Plaintiff's attorney here. This case probably has a $6 million value max. Initial offer will probably be around $1 million. Anything north of $3 and the client will probably take it.

Plaintiff's attorney again, and I need to add that $6 million won't even touch Disney's profits. Star Wars: the Force Awakens grossed over $2 billion dollars. The production budget was $245 million. This settlement will just be a blip on Disney's financial books.

But where is Disney's negligence plaintiff's attorney? disney posted signs "Do no Swim". It culled the area regularly for aligators. The lagoon opens to the sea. Everyone in Florida has encountered an alligator on the golf course or nasty snapping turtles or water snakes. What if the parents were watching the movie? Why was the girl caged up? Maybe the parents were tired from the flight with two kids and let the boy wander where he shouldn't have. Disney is now putting up more signs and cordoning off the area but you those acts can't be introduced into evidence. I don't see how Disney is negligent here. - signed defense attorney (and, yes yes I know anyone can file a complaint and sue, but, depending upon facts as they develop, I might as a judge toss your case).

Are you really a defense attorney? This is a really easy case to make.

Disney voluntarily assumed the duty to remove gators from its property. I've talked with cast members while visiting WDW and more than one has told me that Disney removes the gators from the property. They didn't remove this alligator. That's a problem. Once you assume a duty, you have to do it in a non-negligent way.

Disney didn't warn that alligators are present. They have tourists from out of state who don't know the hazard posed by alligators at dusk and dawn. The "no swimming" sign is completely inadequate. Disney has said repeatedly that people shouldn't swim in Bay Lake because they are worried about brain eating amoebas. (That was the reason they gave for closing River Country.)

Disney built an artificial lake and then built resorts with recreational activities next to the lake, and encourage guests to engage in recreational activities near the water at dusk. If you create a recreational area like that beach, you need to make sure it's safe or warn people that it isn't safe.

Disney allowed guests to feed alligators without removing the alligators or stopping the guests. That made the alligators less afraid of people and more likely to associate people with food. Again, they had a duty to remove those alligators or warn people about them. They certainly should have been taking steps to prevent guests from feeding the alligators at the over-the-water bungalows at the Polynesian.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My sense is that they got lazy/ complacent about their removal efforts. Probably never thought it would happen. Disney is done.

Lol, sure. There were plenty of people on this very thread saying they're still going next week/later this year. It's not done and plenty of people still recognize that ONE alligator death out of millions of visitors over 40 years means you're still SUPER SAFE from alligators at Disney. You're as safe from them there as you are any other place in Florida. This was an anomaly. It's not putting Disney out of business. They will pay the family $20 mil and put up new signs. The world spins on.

Nope. If this gets to a jury, the jury will return a $500 billion verdict. This would be a meritorious lawsuit if there ever was one. Disney knows this. The settlement offer will have to be more like $300 million. That they knew about alligators per the San Diego lawyer and did not prevent this is sickening.

Plaintiff's attorney here. This case probably has a $6 million value max. Initial offer will probably be around $1 million. Anything north of $3 and the client will probably take it.

Plaintiff's attorney again, and I need to add that $6 million won't even touch Disney's profits. Star Wars: the Force Awakens grossed over $2 billion dollars. The production budget was $245 million. This settlement will just be a blip on Disney's financial books.

But where is Disney's negligence plaintiff's attorney? disney posted signs "Do no Swim". It culled the area regularly for aligators. The lagoon opens to the sea. Everyone in Florida has encountered an alligator on the golf course or nasty snapping turtles or water snakes. What if the parents were watching the movie? Why was the girl caged up? Maybe the parents were tired from the flight with two kids and let the boy wander where he shouldn't have. Disney is now putting up more signs and cordoning off the area but you those acts can't be introduced into evidence. I don't see how Disney is negligent here. - signed defense attorney (and, yes yes I know anyone can file a complaint and sue, but, depending upon facts as they develop, I might as a judge toss your case).

Sure, a defense attorney could argue all those things in court, but this isn't even close to a case that could get thrown out on the front end for failure to state a claim for which relief could be granted. It would absolutely go to trial, and based on info we already know, all sorts of info would be released in the course of that that would be horrible for Disney's reputation. Not to mention the trial itself would be a publicity nightmare for Disney. I can guarantee that when Disney runs cost benefit numbers on whether to settle this vs. go to trial, it is by far in their favor financially to pay even the $6 mil that PP attorney suggested would be the max. And like he said, $6 mil is nothing to Disney.

Like she said... I'm a female attorney.

[Anonymous]

Matt Graves' statement to the Omaha World Herald on 6/18:

“Melissa and I continue to deal with the loss of our beloved boy, Lane, and are overwhelmed with the support and love we have received from family and friends in our community as well as from around the country," the statement read. "We understand the public’s interest, but as we move forward this weekend, we ask for and appreciate the privacy we need to lay our son to rest. Neither Melissa, myself or anyone from our family will be speaking publicly; we simply cannot at this time.”

[Anonymous]

One question I have is the size of the gator. As I understand it, relocating alligators under 4 ft is illegal in FL. Disney is obligated to wait until an alligator is 4 fret long before moving it.

So, if it is discovered that the alligator in question is longer than that, I think it would theoretically be a factor. Except that I agree that Disney will settle.

[Anonymous]

Anonymous wrote:

Anonymous wrote:How is losing a child to a freak accident like a gator attack different from any other way you might lose s child?

NP here. I'd feel like my child got eaten by a monster. The thing you always tell them isn't real. While I was right there with them. It's very horrifying.

Let's not cast aspersions on an apex predator that was simply living in its natural habitat and mistook a small child for a meal. It is not a monster.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:And I'll add, $6 mil is probably nothing to that family either, in comparison to the permanent lose of their son.

And the magical $500 billion Dr Evil quoted a few pages back is? The reality no amount of money brings the kid back or takes away the pain.

Right, that was my point, perhaps not made well.

To those talking about massive settlements in hundreds of millions, maybe the Plaintiffs attorney will come back to explain (I don't practice this area of law), but in wrongful death cases, there are actual values placed on a person's life, and on the suffering of the plaintiffs, which are calculated using all sorts of criteria. That's why there is not a limitless cap on what a family might receive in settlement for loss of their toddler's life. In the case of a small child, I'm not sure what the criteria are, but I'm guessing that's what the PP attorney was basing his 6 mil max figure on.

But to win on a wrongful death case, you have to prove fault - and so far I see no fault on the part of Disney. Based upon what I know (which may be false and incomplete) I, as judge, would throw the case out on summary judgment in that I don't see Disney as being at fault or negligent . . yet.

All a lawyer needs to do is bring in one of the many witnesses to almost gator attacks on Disney property. Thank goodness you're not a judge btw

How much experience do you have with animals, wild or domesticated? An almost attack isn't an attack.

NP here, but how was this an "almost attack"? The child was dragged under water and killed, it's hardly gray area.

The only way it gets thrown out on summary judgment is if there's no chance, literally nothing to show, that Disney may have had some culpability. We already know that's not the case, as far as application of longstanding tort law and people who have already come forward with evidence that Disney knew of the danger previously and failed to take basic preventative action. Whether Disney would lose or not, I don't know (lots of facts would have to be established and considered, that we the public have no access to), but there is no way this would be thrown out on summary judgment, your personal opinion on Disney's "fault" notwithstanding.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:How is losing a child to a freak accident like a gator attack different from any other way you might lose s child?

NP here. I'd feel like my child got eaten by a monster. The thing you always tell them isn't real. While I was right there with them. It's very horrifying.

Let's not cast aspersions on an apex predator that was simply living in its natural habitat and mistook a small child for a meal. It is not a monster.

Meh, this would be my perception as a parent in this scenario too. It's not a time in which they'r going to feel objective about whether the killer of their child was an "apex predator". I wish them the very best in moving on. I'm not sure that I would ever be able to overcome this sort of trauma. It's unimaginable.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My sense is that they got lazy/ complacent about their removal efforts. Probably never thought it would happen. Disney is done.

Lol, sure. There were plenty of people on this very thread saying they're still going next week/later this year. It's not done and plenty of people still recognize that ONE alligator death out of millions of visitors over 40 years means you're still SUPER SAFE from alligators at Disney. You're as safe from them there as you are any other place in Florida. This was an anomaly. It's not putting Disney out of business. They will pay the family $20 mil and put up new signs. The world spins on.

Nope. If this gets to a jury, the jury will return a $500 billion verdict. This would be a meritorious lawsuit if there ever was one. Disney knows this. The settlement offer will have to be more like $300 million. That they knew about alligators per the San Diego lawyer and did not prevent this is sickening.

Plaintiff's attorney here. This case probably has a $6 million value max. Initial offer will probably be around $1 million. Anything north of $3 and the client will probably take it.

Plaintiff's attorney again, and I need to add that $6 million won't even touch Disney's profits. Star Wars: the Force Awakens grossed over $2 billion dollars. The production budget was $245 million. This settlement will just be a blip on Disney's financial books.

But where is Disney's negligence plaintiff's attorney? disney posted signs "Do no Swim". It culled the area regularly for aligators. The lagoon opens to the sea. Everyone in Florida has encountered an alligator on the golf course or nasty snapping turtles or water snakes. What if the parents were watching the movie? Why was the girl caged up? Maybe the parents were tired from the flight with two kids and let the boy wander where he shouldn't have. Disney is now putting up more signs and cordoning off the area but you those acts can't be introduced into evidence. I don't see how Disney is negligent here. - signed defense attorney (and, yes yes I know anyone can file a complaint and sue, but, depending upon facts as they develop, I might as a judge toss your case).

Sure, a defense attorney could argue all those things in court, but this isn't even close to a case that could get thrown out on the front end for failure to state a claim for which relief could be granted. It would absolutely go to trial, and based on info we already know, all sorts of info would be released in the course of that that would be horrible for Disney's reputation. Not to mention the trial itself would be a publicity nightmare for Disney. I can guarantee that when Disney runs cost benefit numbers on whether to settle this vs. go to trial, it is by far in their favor financially to pay even the $6 mil that PP attorney suggested would be the max. And like he said, $6 mil is nothing to Disney.

Like she said... I'm a female attorney.

Lol awesome, so am I. Apologies for the gender bias in my comment, nonetheless.