Reply to 2 Year Old Dragged into Water by Gator at Disney Resort

Forum Index » Off-Topic

Reply to "2 Year Old Dragged into Water by Gator at Disney Resort"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous]I don't think any of these questions have black and white answers. If Disney is sued, the issue will be whether and to what extent they had a duty to this family, and whether and to what extent they were negligent in fulfilling any duty they had. A "reasonable person" standard is typically applied to this sort of analysis, and I don't think it's black and white whether a reasonable person would have known there were gators in that water capable and inclined to eat a small child. Lots of people here saying "only an idiot wouldn't know", but LOTS of people also saying "I would have had no idea." Would be a really interesting question to see hashed out in court, although I can't imagine Disney will let it go that far. The damage to Disney's image just from media coverage of a trial would make it worth it for Disney to just pay up quickly and hope it goes away quickly. [/quote]

The concepts of attractive nuisance and Disney's own knowledge of the danger, plus the adequacy of the warning will all be at play, too. The reasonable person analysis is complicated by the property owner's behavior here. [/quote]

There is also the fact that they built resorts with inviting beaches on lakes known to harbor alligators.  Because as the blame the parents PPs say... you're an idiot if you don't know that gators are everywhere in Florida.  Do these PPs think that out-of-state tourists should know more about alligator hazards than Disney?  [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics