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

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[quote=Anonymous][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.[u] “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.”
[/u][b][i]
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.”

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

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

Lol you totally ignored the portions I've underline concerning Disney's duty to warn people of the presence. [/quote]

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