OT: Disney Alligator

[Black Elmo 2]

The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn the invitee of hazardous conditions that cannot be fixed.

A possessor owes an additional duty towards an invitee to exercise reasonable care to make the land safe for the reception of his/her invitee, or ascertain the actual condition of the land so that by warning the invitee, the possessor may give the invitee an opportunity to decide intelligently whether or not to accept the invitation or permission. Like this:

 

[irncty]

Well if a child died of a spider bite, people would say a sign at least alerted parents to be on the lookout. Again, my concern is simply, what level of risk requires a sign? Once every 45 years deserved a sign? Maybe so.

How bout this....if a child gets attacked by a gator in waters on private Disney property with no signs warning of gators, what will a judge do in the event a lawsuit follows? If a person gets bit by a spider, what will a judge do? What's the likelihood the spider bite victim will die? It's all simply an evaluation of risk/reward. A gator attack on Disney property turns into a big deal in regards to what it will cost Disney not just in a settlement/lawsuit but also public perception. A spider bite goes nowhere. Even if Disney throws a couple million to the victim, it's not going to make national news and cost nearly as much as an alligator or snake bite victim

 

[malanoce]

The property owner has a duty to make the property safe for the invitee, which includes conducting a reasonable inspection of the premises to uncover hidden dangers. The property owner also has a duty to warn the invitee of hazardous conditions that cannot be fixed.

A possessor owes an additional duty towards an invitee to exercise reasonable care to make the land safe for the reception of his/her invitee, or ascertain the actual condition of the land so that by warning the invitee, the possessor may give the invitee an opportunity to decide intelligently whether or not to accept the invitation or permission. Like this:

You are an idiot and have never been out among wildlife.

Clown.

 

[irncty]

You are an idiot and have never been out among wildlife.

Clown.

I'm not a Black Elmo fan but this post of yours is out of line. I get it....he's an ass and you want to find every and any reason to pounce but there was nothing 'idiotic' about his previous post. It's on the mark. Jumping on reasonable posts only makes you look like an idiot.

 

[Black Elmo 2]

An 8 year old boy was attacked by a gator at WDW in 1986. He survived, but bears permanent scars on his leg. Disney's response: They sent Mickey and Snow White characters to visit him in the hospital.

There is another video available on YouTube which shows a Disney employee trying to scare off an alligator at Splash Mountain while cars (logs) full of riders pass by only a couple feet away.

Scary stuff. Proves that Disney knew about this problem years ago. Its a shame they didn't act more assertively to warn guests. I suppose they were concerned about damage to their image.

 

[Black Elmo 2]

I'm not a Black Elmo fan but this post of yours is out of line. I get it....he's an ass and you want to find every and any reason to pounce but there was nothing 'idiotic' about his previous post. It's on the mark. Jumping on reasonable posts only makes you look like an idiot.

He's an even bigger fool because I copied and pasted the legal explanation from websites providing legal advice and information. So its not even my opinion he's attacking, its actually the real state of the law. LOL!!

 

[LionFan87b]

You are an idiot and have never been out among wildlife.

Clown.

Unless that comment is a weak attempt at humor, you're a good example of small-minded thinking. You can't believe that someone else's experience doesn't match your own! Furthermore, there is nothing about Black Elmo's comments that suggest he doesn't understand wildlife. Maybe he knows a lot about wildlife but, unlike you, also understands that not all intelligent people are knowledgeable about wildlife.

 

[LionFan87b]

Well if a child died of a spider bite, people would say a sign at least alerted parents to be on the lookout. Again, my concern is simply, what level of risk requires a sign? Once every 45 years deserved a sign? Maybe so.

Even if this is the first such event in 45 years, I'm not convinced this is only a "once every 45 years" risk. Maybe it's only recently that they enticed guests to the water's edge with a beautiful beach screening movies after dark. Maybe only recently have frequent gator sightings occurred. Maybe this will happen every 10 years if things don't change.

Finally, even if it's only once every 45 years, that's enough to warrant warnings when the danger is so avoidable. Spiders, on the other hand, are everywhere. Much harder to prevent a spider bite.

 

[dawgduice]

This is NOT complicated. Disney knew there were Gators in the water. They did not believe there was ANY risk. So no need for signage. THEY WERE WRONG, hence they are now putting up the signs. I can understand why they did not have the signs. Did not want to create fear if there was no legitimate reason.
But, given their KNOWLEDGE, there was in fact a real risk, no matter how small. Certainly you would NOT have such a sign for a swimming pool. The Disney lake implied that it was a "pool".
Well, really, Disney was wrong and will pay out a massive sum. Will not bring the child back.

 

[demlion]

Even if this is the first such event in 45 years, I'm not convinced this is only a "once every 45 years" risk. Maybe it's only recently that they enticed guests to the water's edge with a beautiful beach screening movies after dark. Maybe only recently have frequent gator sightings occurred. Maybe this will happen every 10 years if things don't change.

Finally, even if it's only once every 45 years, that's enough to warrant warnings when the danger is so avoidable. Spiders, on the other hand, are everywhere. Much harder to prevent a spider bite.

All it will take to show the whole world what a fraud the whole 24-million-to-one claim is, will be a little old- fashioned discovery of the facts in an actual lawsuit.

Mark it down: we will never see such discovery conducted because on the day the judge orders them to give up the evidence of the risk Disney knew about, Disney will pay. When you have half the deniers saying attacks are so rare that Disney could have not have known to warn their customers, and the other half saying the danger of alligators is so obvious and extreme that Nebraska DAD should have known it without being warned, you have evidence of a struggle to make these facts fit a predetermined narrative.

But in the end, just like PSU, Disney will place the highest value on secrecy. Its the Corporate Way.

 

[Black Elmo 2]

If it is proven that Disney knew of other attacks on its property, and ignored recommendations by staff to warn guests, it will amount to reckless disregard. This could open the door for punitive damages. Then the sky would be the limit. Can anyone say $100 million dollars?

 

[slwlion]

For Orlando? Terrible week for humanity. I hate alligators. If it was up to me I'd kill every one of them just because things like this occur often. The world can do without these predators.

I feel the same way about tourists.. (tic)

 

[malanoce]

If it is proven that Disney knew of other attacks on its property, and ignored recommendations by staff to warn guests, it will amount to reckless disregard. This could open the door for punitive damages. Then the sky would be the limit. Can anyone say $100 million dollars?

I can say you're a goofball.

 

[Black Elmo 2]

I can say you're a goofball.

Takes one to know one.

 

[Colorado Man]

Well if a child died of a spider bite, people would say a sign at least alerted parents to be on the lookout. Again, my concern is simply, what level of risk requires a sign? Once every 45 years deserved a sign? Maybe so.

Two incidents. A family ignored Unauthorized Access signs and went swimming in a stream in NY with a 70 foot waterfall. Five were swept over the fall, two drowned. Families of twelve ignored No Trespassing signs and camped under a bridge carrying pipelines transporting Natural Gas. One pipeline ruptured and exploded killing all 12. The company owning the pipeline paid millions to the victims families even though they ignored the No Trespassing signs.

 

[Royal_Coaster]

I haven't read all 400+ posts in this thread, so if someone already brought this up, I apologize.

No doubt, in 45 years of operation in Florida, Disney has settled many threatened lawsuits. Some of them were suits filed for valid reasons, for injuries caused by negligence, etc. Some of them were stupid and frivolous, like the ones who claimed they were groped by Tigger and Donald Duck, or the one who claimed her child was traumatized by seeing a character without its head on, or the man who was stuck on "It's a Small World" and forced to listen to the song continuously for 30 minutes (while also having to pee).

The point is, viable or frivolous, Disney settles many of these cases to avoid the negative publicity of a drawn out trial, and because it's simpler. In none of these cases, does it admit any fault or wrongdoing. So then, why should Disney's subsidiary ESPN look at the Penn State case, and particularly the accusations from the 70s and claim that any settlement is an admission of guilt by Penn State that Paterno is at fault?

Remind Jemele Hill, Jason Reid, and all the others that their parent company's negligence has resulted in the death of a 2-year old, so perhaps they should stop throwing stones.

 

[dawgduice]

Not complicated --- two wrongs do not make a right. Disney at fault and parents at fault. I happened to be at a Disney Hotel yesterday and watched a toddler climbing "into" a ball toss game. The "father" was playing pac man and every now and then would say "get out of there". Of course the clild ignored him. A short time later "dad" was playing a motorcycle game and his "child" was climbing INTO a basketball game. Should Disney have a sign to tell parents to NOT BE IDIOTS !!!!
Average IQ = 98, which means half the parents are below that number !! And they get to vote and serve on a jury of YOUR peers

I would not dare say anything to the father, remember Florida is a "right to carry and shoot state".

 

[Sviatoslav]

I let my kids swim in the ocean all the time. We use common sense. ...no swimming at twilight, stay out of the water during the mullet run. You weigh the risks and make your decision.
.

 

[Michael.Felli]

Off the top of my head......

Pittsburgh Zoo @ 2 years ago. Parent hoists kid up on to something to look at the wild dogs. Kid squirms free. Gets eaten. Parents forgiven by public.

Cincy zoo recently....the gorilla thing. Parents generally forgiven by public so far.

This......with enormous outpouring of sympathy already for parents.

Kid gets eaten 2 out of 3 times. To those kids, like being attacked by a MONSTER or monsters.

Were all these parents born without a brain? Without common sense? Without any sense of personal responsibility? Are we a society that rewards stupidity and failure to take responsibility?

Seems like the real problem with our society is not politicians or lawyers or anything else. The real problem with our society is stupid effing people and their enablers.

You see, Natural Selection kills off the sick, stupid and weak in all species EXCEPT the human race. The human species nurtures and even encourages stupidity.

Think about it. People here would rather have unlimited guns than a free education for their kids. Only stupid people would want that.

We have alcohol and cigarettes LEGAL and people buy these products ALTHOUGH all the data shows how harmful these products are. We can grow and produce all of nature's food, but we make processed foods instead.

The human race is heading somewhere. Where? Not sure yet. But my magic 8 ball says it doesn't look good.

 

[TheGLOV]

You are an idiot and have never been out among wildlife.

Clown.

Calm down Forest.

 

[PSU87]

LMAO. Well played......

 

[Sviatoslav]

LMAO. Well played......

Couldn't resist!
Now I also fear the mullet run.

 

[KnightSlayer]

I wonder if he uses that picture to get out of jury duty? Your honor. Do you see my hair? Do you see the swimsuit I'm wearing? Do you really trust my judgement and decision making skills?

 

[vader_psu]

 

[blion72]

From what I've read in the past, Disney is notorious for hiding anything negative (concealing deaths in parks, etc.) I would bet their line of reasoning is to post no swimming signs, but not necessarily say WHY they don't want you swimming there. Wild gators are not part of the Disney experience.

I think this is the core issue. I have been there many times, and the Disney happy face is normal. they give an illusion there are no gators or dangerous snakes in the area and it is safe. adjacent to the Disney property, I have seen TWO gator attacks - one on a dog and one on a deer. I always wondered how Disney could keep their property clean of these critters. now I know.

 

[Tom McAndrew]

Apparently, the parents of the kid have decided to not sue Disney. CLICK HERE to read about their decision.

 

[Obliviax]

Apparently, the parents of the kid have decided to not sue Disney. CLICK HERE to read about their decision.

Read that...of course, they may have settled so there is no reason to sue. Probably good for everyone. I am sure the parents would rather have their beloved child back, but prolonged litigation would be painful. Take the money, do some good, turn the page.