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

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[quote=Anonymous][quote=Anonymous]Under tort law it is very likely that a court would find Disney negligent. The resort had a duty to keep its visitors safe. It breached that duty by not adequately warning/protecting guests from gator infested waters. A "no swimming sign" would not be sufficient as the event could have occurred regardless of if the child was in or out of the water. The gator in the gator infested waters was the direct cause of the family's injury. It was also the proximate cause as it was foreseeable that gators and people would be in those waters. Damages occurred with the loss of the son.

Even if you want to say the parents were contributory negligent because they ignored or failed to see the "no swimming," Florida is not a pure contributory negligence State, so it doesn't bar the family from collecting damages. Disney will end up settling with this family. None of this will bring their child back to them. I truly feel for the family and the people who witnessed the event.[/quote]

This is never going to trial, so I don't think the legal theories matter. Disney has a brand to protect and the last thing it needs is a long drawn out jury trial splashed on the front pages thus causing people worldwide to cancel vacations. They'll settle quickly and quietly for a few million and you'll never hear of this again as the settlement will include clauses re not talking to the press/not selling the story for movie rights.[/quote]

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