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Disney's Liability, Prior Knowledge Questioned After Gator Kills Toddler at Resort

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  • Disney's Liability, Prior Knowledge Questioned After Gator Kills Toddler at Resort



    c.d.

  • #2
    As little sympathy as I ordinarily feel for Disney (pretty much the textbook example of a corporate bully who manipulates the law for their own purposes), I don't think they should have any liability here. Everyone knows that alligators are dangerous, and that Florida is overrun with them. Unless they reassured people that ordinary, known hazards didn't apply in their park, I can't see this as being their fault.
    - Ginger

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    • #3
      The article makes good points that Disney's non-specific signs and lack of barriers seem to have been insufficient to inform out-of-state visitors of the dangers of the "indigenous wildlife", and I have to agree. They're working on those things now, but why on Earth weren't they already in place?
      Pat D. https://forum.casebook.org/core/imag...rt/reading.gif
      ---------------
      Von Konigswald: Jack the Ripper plays shuffleboard. -- Happy Birthday, Wanda June by Kurt Vonnegut, c.1970.
      ---------------

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      • #4
        Originally posted by Pcdunn View Post
        The article makes good points that Disney's non-specific signs and lack of barriers seem to have been insufficient to inform out-of-state visitors of the dangers of the "indigenous wildlife", and I have to agree. They're working on those things now, but why on Earth weren't they already in place?
        Hi Pat,

        I've been thinking along the same lines. I went to Orlando in 1991 and saw Disneyworld, Universal Park, and Epcot. Huge crowds in all. Security was presumably about. I was in a hotel owned by Disney, but I never was near those water lagoons like this unfortunate kid was. I always assumed there was some measure of protection, especially as the Disney commercials for the area suggested the family fun involved (how's about a lifeguard or two, for example). When this occurred it struck me the Disney corporate response resembled the old, closing the corral door after the horses had fled.

        Jeff

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        • #5
          Originally posted by Mayerling View Post
          Hi Pat,

          I've been thinking along the same lines. I went to Orlando in 1991 and saw Disneyworld, Universal Park, and Epcot. Huge crowds in all. Security was presumably about.
          I've an anecdote that touches on that. In January of (IIRC) 1998, I had gone to Buena Park in California to attend a convention. While the convention proper didn't start until Friday, a lot of us had arrived Thursday morning, intending to socialize and sightsee beforehand. As we were checking in to the hotel, it began to rain, heavily. The weather service maintained that it was going to last only a half hour or so, then clear up. The suggestion was made that as Southern Californians are known to regard rain as a horrifying and unnatural phenomenon, the odds were good that DisneyLand would be nearly empty today. About twenty of us went there, and for the first couple hours at least, had the park pretty much to ourselves.

          The rain had stopped, but the sky was still grey and looming. Nothing had dried off. The pavement was wet, and the heavy rain had beaten leaves and flowers off the trees, so that they were scattered on the pavement.

          Shortly after arriving, I was passing by a restroom, which was situated in a circular or hexagonal standalone structure, thickly surrounded by trees and bushes. I slipped on a wet leaf, and slipped pretty dramatically, foot shooting out almost horizontally in front of me. If it happened today I'd probably end up in hospital, but I was younger, and in much better shape, and still taking ballet, so that I landed on the ball of one foot, tips of my fingers just touching the ground for balance, and stood up, dry and unharmed, with only my dignity injured, and even that not too much.

          As I rose, and looked around to see if anyone had noticed, I saw about ten feet away in the little gap between the restroom structure and the shrubberies, a man and a woman in dark slacks and light polos that I'm 100% sure were Disney security. The man was in front, with the woman right behind. Both were looking directly at me. He had that air of having stopped in mid-stride. He turned his head away and said something softly, either to his companion or into a shoulder mike, and they both just stepped backwards and out of sight.

          To this day that freaks me out. They had to have come from a door in the restroom pavilion, although a casual examination didn't reveal one. They appeared in well under five seconds. I wonder to this day if that was typical, or if someone just happened to be looking at the camera when I slipped.
          - Ginger

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          • #6
            Hi, Ginger,

            What a great story! I grew up in Southern California, and in fact am the same age as the original Disneyland. Between the Sixties and the Eighties, I visited the place a few times. I doubt I'd recognize it now, though.

            There are stories galore about the secret workings of "the Mouse", but I have gathered that it is true that the Magic Kingdom sits atop a honeycomb of tunnels and secret exits that allow security and costumed "cast members" to appear when and where they are needed.

            I wonder if you hadn't recovered from the near-fall if they would have whisked you away underground via electric tram?
            Pat D. https://forum.casebook.org/core/imag...rt/reading.gif
            ---------------
            Von Konigswald: Jack the Ripper plays shuffleboard. -- Happy Birthday, Wanda June by Kurt Vonnegut, c.1970.
            ---------------

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            • #7
              Since this incident happened, I've read a few internet posts by people who are either lawyers in the state of Florida, or are at least familiar with Florida liability law in situations like this. They all mostly agree that if Disney were sued and fought in court, they would likely win.

              However, this will almost certainly not happen. Disney would rather settle the matter out of court and pay a substantial amount of cash to the family of the victim, then get bad publicity for going to court with a sympathetic family and defeating them on what will seem to the general public to be a technicality.

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              • #8
                I have friends who work at Disney. Theres a Disney Jail. It's under the park. Misbehave, go to Disney Jail and wait for appropriate jurisdiction cops to show up and take you to real jail.
                The early bird might get the worm, but the second mouse gets the cheese.

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                • #9
                  A collection of Mickey Mouse cartoons set to the song "Mickey Mouse" by Sparks.

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                  • #10
                    Originally posted by Errata View Post
                    I have friends who work at Disney. Theres a Disney Jail. It's under the park. Misbehave, go to Disney Jail and wait for appropriate jurisdiction cops to show up and take you to real jail.
                    I find myself hoping that it's whimsically decorated, perhaps with dog pound scenes from "Lady and the Tramp".
                    - Ginger

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                    • #11
                      Originally posted by Pcdunn View Post
                      I wonder if you hadn't recovered from the near-fall if they would have whisked you away underground via electric tram?
                      Hi, PC Dunn.

                      I rather imagine the priorities would have been:

                      #1 Get the injured person out of sight.
                      #2 Get a liability waiver signed.
                      #3 Get me medical attention, in that order.

                      I'd love to learn that I'm being overly cynical, but I don't think that I am.

                      I do know for a fact that DisneyWorld in Florida is built on a raised platform, with what looks like the support infrastructure for a small city underneath. It's all open on the back end, although you can't see it from the park.

                      When I was in high school, our marching band (district and state champion) was invited to be in their Bicentennial Parade that summer. The parade assembled down below, and then marched up a ramp and through some gates, and went back below by a similar route at the end.
                      - Ginger

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                      • #12
                        This is an inside view from a woman who worked as a Disneyworld "cast member" for some years. It's not a great report on The Mouse as an employer, but is in line with other things I've read elsewhere:

                        Pat D. https://forum.casebook.org/core/imag...rt/reading.gif
                        ---------------
                        Von Konigswald: Jack the Ripper plays shuffleboard. -- Happy Birthday, Wanda June by Kurt Vonnegut, c.1970.
                        ---------------

                        Comment

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