In this lawsuit happy society in America, a lawsuit is a given. Disney will have a small legion of lawyers trying to figure out damage control. Several million will change hands eventually.
Compare this to the recent gorilla incident. The zoo built a barrier to entry into the gorilla pit, but that kid announced he was going in and climbed the wall. There will be a lawsuit against the zoo in that case soon.
Now think about the implications involved with this tragedy in just making the lawsuit about not having signs saying alligators may be in the water. Every homeowner that borders water in Florida will have to post signs. How about the Everglades? How many signs will need to be posted there in case mid-westerners visit? How about all the canals along roadways?
When I played golf at the resort, I believe there were signs around the water holes and the pro warned players before they went off. We saw some sunning themselves on banks next to greens.
Not sure there will be a suit arising out of that Ohio zoo. The family and child were clearly at fault, heck the kid was trespassing as far as the law is concerned. Any suit by them against the zoo would invite a counter suit which I doubt they could afford. Besides, there were no serious injuries except to the gorilla who the family is responsible for. This Disney thing has lawsuit written all over it even though I believe they did little wrong.
Disney is not the injured party and can’t settle until a claim or demand is made. They don’t know what the family might want for their loss. They could offer, say, $10 million, then the family might say, “We want a hundred.” They have to wait until the family gives them a point of reference to at least start negotiating the amount.
Disney should not be allowed to settle. Disney should be sued by the family in as screamingly a loud court battle as possible. Disney was criminally culpable for it poor signage and lack of alligator control in its lakes. If I were the wife, I would bring this court suit and give all proceeds to charity.
Huh? Not all be allowed to settle? You mean they cannot be allowed to sit down and have a rational conversation with the family who is able to walk out any time they wish? The family should be forced to deal with a scumbag lawyer who will take at least 33% of the “settlement” or verdict they arrive at? What country do you live in? What dictator tells two parties how they can deal with a situation like this? Where is it decided that Disney is “criminally culpable” without any kind of evidence presented or a trial? What Banana Republic are you from? You understand the meaning of due process? You sound like another liberal trying to tear up the Bill of Rights.
Well if Lou Pendas says there is liability there must be. SMH
Just so we are clear, it is not enough to post no swimming, we now have to post every reason why there is no swimming allowed?
This is a sad tragic thing but it should not be a surprise to anyone that there are alligators in Florida. But they will pay and Lou will get his 33% and all will be right. Oh wait it won’t because a little boy will be dead because his parents didn’t think the rules applied to them.
I’m late on this post, but want to be sure you understand the little boy and his dad were NOT swimming. They were wading in 6″of water off the sandy beach. I am appalled Disney didn’t have signed warning of alligators since so many guests and workers reported their existence.
I’ve heard the boy was in the water anywhere from 6″ to 24″, which is a big difference given the size of a 2-year old. 9:15pm at night. Marsh/lake area in FL. Even people from Nebraska must know where alligators reside — in water.
While tragic, there seems to be a lack of situational awareness on the part of the parents. Nobody is blaming them, but contributory negligence cannot be ruled out in any settlement.
Although it would be nice for Disney to offer a settlement as a matter of good faith, why is it in our society that whenever someone is hurt regardless of how someone else is always responsible and has to pay. Bottom line, sometimes folks terrible things happen to good people and no one is to blame.
“IF”?? OMG. Can you imagine all the lawyers in FL lining up, waiting for their chance to interview for this one? Anyone who was ever intimidated by a mouse at a tender age would claim co-counsel.
Tragic as losing a child. Why was a 2 year old wading in the water at any depth at 9:15 PM, and nobody else was in the water at the time? Florida is well known for Alligators. What does Florida state law state for the presence of Alligator signage?
A sad and tragic situation. I don’t see where Disney did any great wrong here. My one issue with them is why do you put a beautiful beach next to an inviting body of water that you don’t want people to go into? I went to Google Earth to see what this looks like. And there area a few beaches along the water with beautiful white sand that looks like it was designed for people to go into. Go ahead Disney, put up the warning signs, but while you’re at it, tear up the beaches.
Dave,
The beaches are aesthetic and part of the scenery for the beautiful hotels they built. Now, did you ever look at the water in daylight? I don’t think you would choose to swim in it. There are pools to use for swimming.
The Google Earth image I looked at was taken during the day and it looked as though the white sand of the beaches went out into the water at least 5-10 feet. Not sure if this link will work, but check it out. https://www.google.com/maps/@28.4070653,-81.58723,19z/data=!3m1!1e3
Agree that the presence of a white sandy beach is misleading. The child may have been wading in the water however the gator could have easily come out of the water if the child was walking near the edge. Not common, but not unlikely. Disney has visitors from all over the world so if the intended purpose of the signs was to keep people from swimming because of the gator hazard, then the signs needed to state the specific threat of gators.
No amount of money will ever bring this child back nor will money allow the parents to “unsee” their precious child being snatched away to his death by an alligator.
As the world’s #1 vacation attraction for families with young children, Disney owes the absolute highest degree of care to its invitees. They posted “No Swimming” signs and that didn’t keep the child out of the water. Would a “Warning – Alligators!” sign have kept him out? Unfortunately, we can’t know the answer to that.
As the mother of a 3-year-old, I don’t even want to imagine what that must have been like for these parents. I think if it did, no amount of money would ever end my suffering and the thought of rehashing the details over and over again in legal proceedings would be enough to deter me from suing.
I think the media needs to stop talking about it and let this family grieve in peace as they try to figure out how to pick up the pieces of their life and move forward.
That’s a ridiculous argument. Lightning is completely random, assuming you have no apparatus in your backyard to attract it, while the presence of gators is greater in particular areas. Disney would have been wise to let their customer know this.
It’s a mystery to me why Disney would clear the shore line, turn it into a white sandy beach, and then require that guests stay out of the water. It’s possible from a legal standpoint that a manmade, sandy beach implies an entry point to the water. Some guests could interpret the “no swimming sign” to mean no swimming because no life guards on duty.
I agree, Disney owes the highest degree of care to its business invitees. They must warn of foreseeable dangers and take measures to protect their guests from those dangers. While tragic, this is a slam dunk in the premises liability world.
B Right, I was playing golf Saturday and hit a PW to the first hole and it was right at it so I said BE RIGHT and it was. Stopped about 1 foot from the hole. Good way to get started on a round, right?
As an insurance expert to law firms if premises liability written by Disney captive Buena Vista Insurance Company case will be settled before going to trial.
Why did the nearby Hyatt have Alligator warning signs. Why would anyone from Nebraska expect alligators in such a secure theme park never mind imagine that their child might be killed by one? If they even were aware that Florida has over a million alligators. How about employees saying the Co didn’t want to scare people away with signs. What happened to proceeding on the side of caution. If I was new to an alligator environment and it was my child wading (not swimming) and killed I would want the person who decided not to post warnings to go to jail for life to give him time to think about his choices and the results.
PS: Did you know alligators are known to attack prey NEAR the water and can travel up to 25 MPH? A human can hit only 10 MPH. God help the family get through this.
This is tragic. My family was there, from Oregon, in December to visit my daughter, who recently began work at WDW. Even coming from Oregon we’re very aware of the gators, all it takes is watching Nat’l Geographic channel. Having four kids, I can say that on numerous occasions I was negligent of that momentary lapse that could’ve led to disaster in the right instance, such as a gator or gorilla attack.I do know that when we were there, seeing the No Swimming sign I would assumed it was either reclaimed water or a hazard we couldn’t see, & I wouldn’t chance either. In hindsight everyone shares fault and they will all carry it for a lifetime. My prayers to the family
The alligator warning signage would have certainly relieved WDW some percentage of liability if it were ever to go to trial, however, that will not be the case here. It would be great if the parents would sit with WDW to negotiate a settlement without attorney representation.
My guess is it will be a Nebraska lawyer representing them, not a Florida lawyer. By the time he gets his cut, they may have done better without a lawyer at all.
I doubt WDW would settle without them having an attorney to sign off on the settlement. The family is grieving and if WDW settled with them directly, they eventually would be accused of taking advantage of this family. An opposing attorney would add some balance.
No politics, nothing other than to say, as a father of 3 girls, one who is 3, I simply weep for this family. The high of being at The Magical Kingdom to the lowest low of losing such a little child. And in such a horrific fashion. Tragedy isn’t a strong enough word. Oh man, it truly busts me up.
I imagine Disney has done what Disney does best, has already settled quietly with the family covering all trip, burial expenses as well as a millions or more settlement. no money can replace child. doubt they’d ever publicize it , they never do when compensating guests, just hope they used enough tact as to not offer family lifetime pass or anything Disney branded. they may want to remove their promotional ads that display the beach and people walking along water edge, better yet, remove all beach enticing area all together. heart goes out to the family, hard to imagine how it will be especially for the father,having desperately tried to fight the gator for his baby and now having to bury his son during fathers day. so awful, my heart aches for them.
Bottom line is that this tragedy was “foreseeable” and could have been prevented. You simply DO NOT build a family beach at a recreational area where ALLIGATORS are present in abundance. The resounding message should have been, “STAY COMPLETELY AWAY FROM THE WATER LEST YOU GET EATEN!!!”. The alligators should have either been removed, or a prominent barrier should have been erected.
Disney’s liability is extremely clear in this case. The only question is, “To what extent monetarily”. So, yes, Disney will absolutely want to settle this case out of court and for a very large amount because the child’s death is not the only factor. There is the pre-death trauma of the child and both parents, there are the father’s injuries incurred while trying to save his child, there is the fact that they may never recover mentally and emotionally from this. And there are long term possibilities of further damage after the incident. For example the eventual stress may cause the parents to have marital difficulties, the parents may not be able to return to work as effective employees or business owners, etc.
For now the family is most likely still grieving and dealing with the impact of the tragedy itself and not yet thinking about assigning liability, and they may choose to just move on altogether. But, in my qualified opinion Disney is on the hook for many many many millions if the parents decide to make a claim against them, which I hope they do.
My deepest sympathies to the grieving family. Chances are they don’t read this and I hope they don’t participate in IJ. Bottom line, though, I want to take a different approach. Why is this article headlined in this manner? Is it an attempt to increase the settlement value? I am surprised that IJ would take this approach. Wouldn’t “Toddler Killed in Unexpected Alligator Attack” warrant reading for this group? Personally, I am of the opinion that “Legal Experts” say too doggone much and should occasionally just be quiet.
All the money in the world wont bring this kid back, nor will it make their lives any easier. Every time they spend a penny of it, it will be a reminder of that night. I am caught between being angry that this child even was allowed in the water and Disney not taking better precautions. I am not from Florida or even close but I do know there are alligators all over down there. Just because this is Disney does not mean the gators know to stay away. It’s just very sad that this happened. Like I said, Disney can give them whatever money they give them.. money doesnt buy happiness and it certainly cant fix this.
This is a tragedy of the highest magnitude. Yes it occurred on the grounds of the “safest place in the world”, Walt Disney World It is an accident.
Don’t we insurance gurus remember that an accident is a series of seemingly unrelated or independent events that all come together at the same moment to cause an accident. This is unfortunately what happened here. Yes, it is very emotional and painful since it happened to a 2 year old baby and his parents. But isn’t any tragedy very emotional for those involved. Were there things that could or should have been done to possibly prevent this occurrence? Absolutely. Disney has one of the best loss control and risk management teams in the world. Yes but it occurred and nothing is going to change it. We can go around and around but eventually we end up at the same place. A little boy was killed by an alligator in the most horrible of circumstances at Disney.
We all face risk every minute of every day, even at the so called safest place in the world.
WDW will pull out their check book and work to get this settled hopefully in the most appropriate manner considering the facts and circumstances involving this family.
Is it going to cost them millions? I should think so. The family’s lawyers will bring in experts in all areas to hammer out a settlement. No, no amount of money will mitigate the tragedy. It may only help to ease their pain somewhat. Only time will help but nothing really can help with the pain the parents will always feel in losing a 2 year old little boy in this horrible situation.
Any of us who have been in this business for a considerable length of time will have had to deal with some type of tragedy involving a customer or client. It is the worst and this is the worst of the worst.
Enough said. God Bless this child and his parents.
Good post Glenn O. As agents, we have seen a lot of tragedies with clients over the years and it is never easy to deal with. I just had one recently where a customers 19 year old daughter with a bright future was involved in a head on collision with another driver who was texting while driving. He is being charged with negligent homicide, but that won’t bring back this wonderful young lady. God bless her family.
I live very close to where this family lives. I was in Florida a long time ago and know that you have to aware of the alligators. I read that WDW has the alligators taken out of the water. I was amazed on how the reptiles can get over a chain length fence. I can not say that I would or would not let a child be in shallow water at Disney. Disney is a place to escape reality. They may have just let their guards down. I do not think that placing blame on the parents will accomplish anything. If there are alligators in the water, Disney should have a sign to warn people. Unfortunately two wrongs do not make a right. Disney is doing things to try to prevent this from happening again. Millions of dollars in a settlement will not bring the child back. I hope that they are able to grieve and their family stays together for their daughter. This is the most important thing now. Millions of dollars will not bring him back, and people that win the lottery have problems due to the money. I watched a show on Walt Disney a few weeks before this happened. Walt wanted to do great things and make people laugh. Unfortunately, people bought his work in the beginning for cost and he did not have any money. He was eating out of the trash cans and sharing this food with his mouse that was in his pocket. He never help a grudge against the people that would not let him succeed. I wonder what Walt Disney would do or think. One person can bring so much joy to so many people, but one tragic circumstance, due to a wild animal, can cause so much harm to the family. I pray that the family can always remember their son and will eventually give them joy when they think of him. I hope they eventually find joy and happiness as they live their lives.
Cheryl, you may have seen the recent video of the Alligator scaling the chain link fence on a golf course. These animals have been around for a long time and are resourceful. I didn’t know they could climb like that, but there it was. A lot of people think they are slow since they go slow when swimming, but they are remarkably fast when they want to be. Saw another video of one they cut open and there was a small deer inside. Don’t think he would have caught a deer by being slow.
I did see a video of an alligator scaling the fence. Posting a sign about them being in the water is a start, but they are on land also. I do not see notices at the ocean about the threats of multitude of dangers that are in the water. Nature is nature and it is not always fair. People think that the are superior, but nature has it’s place here also. I do not think WDW was negligent at all. Bad things happen. The family will be best off if they can accept it and hold a place in their heart for him. People need to get on with their lives, I do not think any one could run WDW any better than the people that do. Who do you sue when a shark attacks a person and how many need to be hunted down and killed? They have their place in this world also. I would like to see someone take on some wildlife without guns, knives etc. People are moving in their area and then are surprised that wildlife is out there. The human race is actually the ones that will ruin earth with pollution, chemicals etc. Let the family deal with WDW or not, if that is what they decide to do. I feel for their loss and hope they stay together and find joy in life again.
HI first I want to say how very sorry I am for the loss of the toddler.DISNEY should have had a retention fence built to start with knowing there were alligators,That would be like letting your child swim out in the ocean knowing there are GREAT WHITE SHARKS,I belive the parents should sue them for as much as they can get.And no the money can never bring back the little boy,But DISNEY is responabile and need to pay the boys parents for there loss which no amount of money is worth a life.The parents need to be composated.AND DISNEY has made billions off there custmors.Before any one would be allowed back on that beach,These RETENTION FENCES WOULD BE MANATORY AND BUILT BEFORE ANOTHER CHILDS LIFE WAS TAKEN BY A ALLIGATOR ,GOD BLESS THESE PARENTS FOR THERE LOSS
Why wait for a law suit to be filed? Why not try to settle now?
In this lawsuit happy society in America, a lawsuit is a given. Disney will have a small legion of lawyers trying to figure out damage control. Several million will change hands eventually.
Compare this to the recent gorilla incident. The zoo built a barrier to entry into the gorilla pit, but that kid announced he was going in and climbed the wall. There will be a lawsuit against the zoo in that case soon.
Now think about the implications involved with this tragedy in just making the lawsuit about not having signs saying alligators may be in the water. Every homeowner that borders water in Florida will have to post signs. How about the Everglades? How many signs will need to be posted there in case mid-westerners visit? How about all the canals along roadways?
When I played golf at the resort, I believe there were signs around the water holes and the pro warned players before they went off. We saw some sunning themselves on banks next to greens.
Not sure there will be a suit arising out of that Ohio zoo. The family and child were clearly at fault, heck the kid was trespassing as far as the law is concerned. Any suit by them against the zoo would invite a counter suit which I doubt they could afford. Besides, there were no serious injuries except to the gorilla who the family is responsible for. This Disney thing has lawsuit written all over it even though I believe they did little wrong.
Disney is not the injured party and can’t settle until a claim or demand is made. They don’t know what the family might want for their loss. They could offer, say, $10 million, then the family might say, “We want a hundred.” They have to wait until the family gives them a point of reference to at least start negotiating the amount.
Yeah Barry that is not how it works in FL. You can make a pro-active offer of settlement anytime.
Disney should not be allowed to settle. Disney should be sued by the family in as screamingly a loud court battle as possible. Disney was criminally culpable for it poor signage and lack of alligator control in its lakes. If I were the wife, I would bring this court suit and give all proceeds to charity.
Huh? Not all be allowed to settle? You mean they cannot be allowed to sit down and have a rational conversation with the family who is able to walk out any time they wish? The family should be forced to deal with a scumbag lawyer who will take at least 33% of the “settlement” or verdict they arrive at? What country do you live in? What dictator tells two parties how they can deal with a situation like this? Where is it decided that Disney is “criminally culpable” without any kind of evidence presented or a trial? What Banana Republic are you from? You understand the meaning of due process? You sound like another liberal trying to tear up the Bill of Rights.
Victoria, what charity? Charity for the eradication of alligators in Florida?
Well if Lou Pendas says there is liability there must be. SMH
Just so we are clear, it is not enough to post no swimming, we now have to post every reason why there is no swimming allowed?
This is a sad tragic thing but it should not be a surprise to anyone that there are alligators in Florida. But they will pay and Lou will get his 33% and all will be right. Oh wait it won’t because a little boy will be dead because his parents didn’t think the rules applied to them.
I’m late on this post, but want to be sure you understand the little boy and his dad were NOT swimming. They were wading in 6″of water off the sandy beach. I am appalled Disney didn’t have signed warning of alligators since so many guests and workers reported their existence.
I’ve heard the boy was in the water anywhere from 6″ to 24″, which is a big difference given the size of a 2-year old. 9:15pm at night. Marsh/lake area in FL. Even people from Nebraska must know where alligators reside — in water.
While tragic, there seems to be a lack of situational awareness on the part of the parents. Nobody is blaming them, but contributory negligence cannot be ruled out in any settlement.
Although it would be nice for Disney to offer a settlement as a matter of good faith, why is it in our society that whenever someone is hurt regardless of how someone else is always responsible and has to pay. Bottom line, sometimes folks terrible things happen to good people and no one is to blame.
“IF”?? OMG. Can you imagine all the lawyers in FL lining up, waiting for their chance to interview for this one? Anyone who was ever intimidated by a mouse at a tender age would claim co-counsel.
Tragic as losing a child. Why was a 2 year old wading in the water at any depth at 9:15 PM, and nobody else was in the water at the time? Florida is well known for Alligators. What does Florida state law state for the presence of Alligator signage?
No personal responsibility anymore.
A sad and tragic situation. I don’t see where Disney did any great wrong here. My one issue with them is why do you put a beautiful beach next to an inviting body of water that you don’t want people to go into? I went to Google Earth to see what this looks like. And there area a few beaches along the water with beautiful white sand that looks like it was designed for people to go into. Go ahead Disney, put up the warning signs, but while you’re at it, tear up the beaches.
Dave,
The beaches are aesthetic and part of the scenery for the beautiful hotels they built. Now, did you ever look at the water in daylight? I don’t think you would choose to swim in it. There are pools to use for swimming.
The Google Earth image I looked at was taken during the day and it looked as though the white sand of the beaches went out into the water at least 5-10 feet. Not sure if this link will work, but check it out. https://www.google.com/maps/@28.4070653,-81.58723,19z/data=!3m1!1e3
Looks kind of inviting to me.
Agree that the presence of a white sandy beach is misleading. The child may have been wading in the water however the gator could have easily come out of the water if the child was walking near the edge. Not common, but not unlikely. Disney has visitors from all over the world so if the intended purpose of the signs was to keep people from swimming because of the gator hazard, then the signs needed to state the specific threat of gators.
inviting? This water was not inviting…It looks like a damn swamp.
No amount of money will ever bring this child back nor will money allow the parents to “unsee” their precious child being snatched away to his death by an alligator.
As the world’s #1 vacation attraction for families with young children, Disney owes the absolute highest degree of care to its invitees. They posted “No Swimming” signs and that didn’t keep the child out of the water. Would a “Warning – Alligators!” sign have kept him out? Unfortunately, we can’t know the answer to that.
As the mother of a 3-year-old, I don’t even want to imagine what that must have been like for these parents. I think if it did, no amount of money would ever end my suffering and the thought of rehashing the details over and over again in legal proceedings would be enough to deter me from suing.
I think the media needs to stop talking about it and let this family grieve in peace as they try to figure out how to pick up the pieces of their life and move forward.
So if you come into my back yard and I do not have a sign saying “Beware of Lightning” and you are struck by lightning, I should be held responsible?
Dave, I have seen cases where a burglar went to a house to burglarize and got bit by the family dog and sued and won. Crime pays.
That’s a ridiculous argument. Lightning is completely random, assuming you have no apparatus in your backyard to attract it, while the presence of gators is greater in particular areas. Disney would have been wise to let their customer know this.
It’s a mystery to me why Disney would clear the shore line, turn it into a white sandy beach, and then require that guests stay out of the water. It’s possible from a legal standpoint that a manmade, sandy beach implies an entry point to the water. Some guests could interpret the “no swimming sign” to mean no swimming because no life guards on duty.
I agree, Disney owes the highest degree of care to its business invitees. They must warn of foreseeable dangers and take measures to protect their guests from those dangers. While tragic, this is a slam dunk in the premises liability world.
B Right, I was playing golf Saturday and hit a PW to the first hole and it was right at it so I said BE RIGHT and it was. Stopped about 1 foot from the hole. Good way to get started on a round, right?
As an insurance expert to law firms if premises liability written by Disney captive Buena Vista Insurance Company case will be settled before going to trial.
Why did the nearby Hyatt have Alligator warning signs. Why would anyone from Nebraska expect alligators in such a secure theme park never mind imagine that their child might be killed by one? If they even were aware that Florida has over a million alligators. How about employees saying the Co didn’t want to scare people away with signs. What happened to proceeding on the side of caution. If I was new to an alligator environment and it was my child wading (not swimming) and killed I would want the person who decided not to post warnings to go to jail for life to give him time to think about his choices and the results.
PS: Did you know alligators are known to attack prey NEAR the water and can travel up to 25 MPH? A human can hit only 10 MPH. God help the family get through this.
This is tragic. My family was there, from Oregon, in December to visit my daughter, who recently began work at WDW. Even coming from Oregon we’re very aware of the gators, all it takes is watching Nat’l Geographic channel. Having four kids, I can say that on numerous occasions I was negligent of that momentary lapse that could’ve led to disaster in the right instance, such as a gator or gorilla attack.I do know that when we were there, seeing the No Swimming sign I would assumed it was either reclaimed water or a hazard we couldn’t see, & I wouldn’t chance either. In hindsight everyone shares fault and they will all carry it for a lifetime. My prayers to the family
The alligator warning signage would have certainly relieved WDW some percentage of liability if it were ever to go to trial, however, that will not be the case here. It would be great if the parents would sit with WDW to negotiate a settlement without attorney representation.
If WDW did include an alligator warning with the signage, it would most likely relieve them of some liability if it ever went to trial.
Hopefullly, the parents will sit down with WDW without an attorney.
They could do just as well without one.
My guess is it will be a Nebraska lawyer representing them, not a Florida lawyer. By the time he gets his cut, they may have done better without a lawyer at all.
I doubt WDW would settle without them having an attorney to sign off on the settlement. The family is grieving and if WDW settled with them directly, they eventually would be accused of taking advantage of this family. An opposing attorney would add some balance.
No politics, nothing other than to say, as a father of 3 girls, one who is 3, I simply weep for this family. The high of being at The Magical Kingdom to the lowest low of losing such a little child. And in such a horrific fashion. Tragedy isn’t a strong enough word. Oh man, it truly busts me up.
I imagine Disney has done what Disney does best, has already settled quietly with the family covering all trip, burial expenses as well as a millions or more settlement. no money can replace child. doubt they’d ever publicize it , they never do when compensating guests, just hope they used enough tact as to not offer family lifetime pass or anything Disney branded. they may want to remove their promotional ads that display the beach and people walking along water edge, better yet, remove all beach enticing area all together. heart goes out to the family, hard to imagine how it will be especially for the father,having desperately tried to fight the gator for his baby and now having to bury his son during fathers day. so awful, my heart aches for them.
Bottom line is that this tragedy was “foreseeable” and could have been prevented. You simply DO NOT build a family beach at a recreational area where ALLIGATORS are present in abundance. The resounding message should have been, “STAY COMPLETELY AWAY FROM THE WATER LEST YOU GET EATEN!!!”. The alligators should have either been removed, or a prominent barrier should have been erected.
Disney’s liability is extremely clear in this case. The only question is, “To what extent monetarily”. So, yes, Disney will absolutely want to settle this case out of court and for a very large amount because the child’s death is not the only factor. There is the pre-death trauma of the child and both parents, there are the father’s injuries incurred while trying to save his child, there is the fact that they may never recover mentally and emotionally from this. And there are long term possibilities of further damage after the incident. For example the eventual stress may cause the parents to have marital difficulties, the parents may not be able to return to work as effective employees or business owners, etc.
For now the family is most likely still grieving and dealing with the impact of the tragedy itself and not yet thinking about assigning liability, and they may choose to just move on altogether. But, in my qualified opinion Disney is on the hook for many many many millions if the parents decide to make a claim against them, which I hope they do.
My deepest sympathies to the grieving family. Chances are they don’t read this and I hope they don’t participate in IJ. Bottom line, though, I want to take a different approach. Why is this article headlined in this manner? Is it an attempt to increase the settlement value? I am surprised that IJ would take this approach. Wouldn’t “Toddler Killed in Unexpected Alligator Attack” warrant reading for this group? Personally, I am of the opinion that “Legal Experts” say too doggone much and should occasionally just be quiet.
Tragic in every sense, but the case would need to be settled sooner than later.
All the money in the world wont bring this kid back, nor will it make their lives any easier. Every time they spend a penny of it, it will be a reminder of that night. I am caught between being angry that this child even was allowed in the water and Disney not taking better precautions. I am not from Florida or even close but I do know there are alligators all over down there. Just because this is Disney does not mean the gators know to stay away. It’s just very sad that this happened. Like I said, Disney can give them whatever money they give them.. money doesnt buy happiness and it certainly cant fix this.
This is a tragedy of the highest magnitude. Yes it occurred on the grounds of the “safest place in the world”, Walt Disney World It is an accident.
Don’t we insurance gurus remember that an accident is a series of seemingly unrelated or independent events that all come together at the same moment to cause an accident. This is unfortunately what happened here. Yes, it is very emotional and painful since it happened to a 2 year old baby and his parents. But isn’t any tragedy very emotional for those involved. Were there things that could or should have been done to possibly prevent this occurrence? Absolutely. Disney has one of the best loss control and risk management teams in the world. Yes but it occurred and nothing is going to change it. We can go around and around but eventually we end up at the same place. A little boy was killed by an alligator in the most horrible of circumstances at Disney.
We all face risk every minute of every day, even at the so called safest place in the world.
WDW will pull out their check book and work to get this settled hopefully in the most appropriate manner considering the facts and circumstances involving this family.
Is it going to cost them millions? I should think so. The family’s lawyers will bring in experts in all areas to hammer out a settlement. No, no amount of money will mitigate the tragedy. It may only help to ease their pain somewhat. Only time will help but nothing really can help with the pain the parents will always feel in losing a 2 year old little boy in this horrible situation.
Any of us who have been in this business for a considerable length of time will have had to deal with some type of tragedy involving a customer or client. It is the worst and this is the worst of the worst.
Enough said. God Bless this child and his parents.
Good post Glenn O. As agents, we have seen a lot of tragedies with clients over the years and it is never easy to deal with. I just had one recently where a customers 19 year old daughter with a bright future was involved in a head on collision with another driver who was texting while driving. He is being charged with negligent homicide, but that won’t bring back this wonderful young lady. God bless her family.
I live very close to where this family lives. I was in Florida a long time ago and know that you have to aware of the alligators. I read that WDW has the alligators taken out of the water. I was amazed on how the reptiles can get over a chain length fence. I can not say that I would or would not let a child be in shallow water at Disney. Disney is a place to escape reality. They may have just let their guards down. I do not think that placing blame on the parents will accomplish anything. If there are alligators in the water, Disney should have a sign to warn people. Unfortunately two wrongs do not make a right. Disney is doing things to try to prevent this from happening again. Millions of dollars in a settlement will not bring the child back. I hope that they are able to grieve and their family stays together for their daughter. This is the most important thing now. Millions of dollars will not bring him back, and people that win the lottery have problems due to the money. I watched a show on Walt Disney a few weeks before this happened. Walt wanted to do great things and make people laugh. Unfortunately, people bought his work in the beginning for cost and he did not have any money. He was eating out of the trash cans and sharing this food with his mouse that was in his pocket. He never help a grudge against the people that would not let him succeed. I wonder what Walt Disney would do or think. One person can bring so much joy to so many people, but one tragic circumstance, due to a wild animal, can cause so much harm to the family. I pray that the family can always remember their son and will eventually give them joy when they think of him. I hope they eventually find joy and happiness as they live their lives.
Cheryl, you may have seen the recent video of the Alligator scaling the chain link fence on a golf course. These animals have been around for a long time and are resourceful. I didn’t know they could climb like that, but there it was. A lot of people think they are slow since they go slow when swimming, but they are remarkably fast when they want to be. Saw another video of one they cut open and there was a small deer inside. Don’t think he would have caught a deer by being slow.
I did see a video of an alligator scaling the fence. Posting a sign about them being in the water is a start, but they are on land also. I do not see notices at the ocean about the threats of multitude of dangers that are in the water. Nature is nature and it is not always fair. People think that the are superior, but nature has it’s place here also. I do not think WDW was negligent at all. Bad things happen. The family will be best off if they can accept it and hold a place in their heart for him. People need to get on with their lives, I do not think any one could run WDW any better than the people that do. Who do you sue when a shark attacks a person and how many need to be hunted down and killed? They have their place in this world also. I would like to see someone take on some wildlife without guns, knives etc. People are moving in their area and then are surprised that wildlife is out there. The human race is actually the ones that will ruin earth with pollution, chemicals etc. Let the family deal with WDW or not, if that is what they decide to do. I feel for their loss and hope they stay together and find joy in life again.
HI first I want to say how very sorry I am for the loss of the toddler.DISNEY should have had a retention fence built to start with knowing there were alligators,That would be like letting your child swim out in the ocean knowing there are GREAT WHITE SHARKS,I belive the parents should sue them for as much as they can get.And no the money can never bring back the little boy,But DISNEY is responabile and need to pay the boys parents for there loss which no amount of money is worth a life.The parents need to be composated.AND DISNEY has made billions off there custmors.Before any one would be allowed back on that beach,These RETENTION FENCES WOULD BE MANATORY AND BUILT BEFORE ANOTHER CHILDS LIFE WAS TAKEN BY A ALLIGATOR ,GOD BLESS THESE PARENTS FOR THERE LOSS