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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Interesting article on Disney's potential liability: http://www.msn.com/en-us/news/us/disneys-liability-prior-knowledge-questioned/ar-AAhiiN2?li=BBnbfcL

Pretty much no points made in the article that haven't been made here, but I didn't realize that Disney is known for defending cases against them as opposed to settling. [/quote]

Yeah, well, they are going to have to settle this one for a huge amount.  They would be toast in front of a jury.[/quote]

In front of a Florida jury?

David Shiner, an attorney and managing partner Shiner Law Group in the Miami area, says [b]the state’s law doesn’t require an owner of a land to anticipate the presence of harm from wild animals unless the owner either owns the wild animal or introduced it.[/b] “They didn’t own the alligator,” he said. “But if they know people are going into these areas, Disney has a duty to warn them if they knew of the presence of alligators.”

The issue of[b] the presence of “indigenous animals” distinguishes Disney’s case[/b] from the Cincinnati Zoo, where a 3-year-old boy fell into a gorilla exhibit. A 450-pound gorilla dragged the boy through a shallow moat before it was shot and killed. The boy survived with minor physical injuries.

The zoo owned the gorilla, and “there was a miscalculation on how to protect animals and customers from each other,” Branson says. “And if you go to a zoo, parents are aware of dangers.”

That Disney’s resorts are populated by out-of-staters who are unfamiliar with alligators should also have been considered in warnings and signage, Shiner says. “In Florida, we know not to jump in,” he says.

So, this is exactly an unforeseeable accident.  [/quote]

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