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Is Disney Liable for Fatal Gator Attack?
PREMISES LIABILITY | PERSONAL INJURY LAW BLOG
June 16, 2016
With more than 17 million annual visitors, Disney World’s Magic Kingdom in Orlando, FL, is the world’s most popular theme park for a reason. Making the pilgrimage to Central Florida’s beloved amusement park is almost a right of passage for children wishing to make their young dreams come true. Everything about Disney is fantastical — not just the attractions, actors, and rides — but how the park thematically transforms every aspect of atmosphere with an aura of awe, imagination, and most importantly, safety. Even the power line poles that sprawl along Disney’s Orlando campus are in the shape of Mickey Mouse Ears. It seems like Disney World is one big mouse-eared premises liability accident waiting to happen.
While this famed magical experience is what drives tourism to the area, it could also be a detriment to the safety of the park’s guests. It’s easy to assume that everything tied to the Disney-experience is restricted within the confines of a very controlled, and therefore safe, environment. Unfortunately, that assumption may not always be correct; such lesson was just learned the hard way, as a vacationing family at Disney’s Floridian Resort & Spa experienced horror and tragedy when an alligator snatched their two-year-old from the resort’s beach shore.
The Nebraskan family of four were unwinding just after enjoying a movie on the resort’s beach. Not far from his parents, the toddler played at the water’s edge, oblivious to the inherent dangers lurking below the water’s surface. Within an instant, an alligator ambushed the boy and dragged him into the water as the parents desperately attempted rescue. Tragically, rescue was unsuccessful and the boy’s body was recovered the following day.
Who is Liable for this Tragedy?
Is Disney on the hook, legally speaking, for the gator attack?
As I practicing Central Florida personal injury lawyer, I can say without a doubt that this incident will end with Disney paying millions of dollars to the victim’s family. The average lay person, however, may legitimately wonder — why?
From a point-of-view grounded in common sense, it easy to question why Disney may be liable for an alligator attack on its property. After all, everyone should know that there are millions of alligators in Florida, and that these reptiles are dangerous, apex predators. Floridians, especially, will be quick to tell you that, where there’s freshwater, there’s just as likely to be an alligator present. Many people will be quick to question, “why didn’t the child’s parents know alligators could be a present threat?” There is such an applicable legal doctrine in personal injury law, called the assumption of risk.
Assumption of Risk
Did the victim’s parents assume the risk of an alligator attack?
While this famed magical experience is what drives tourism to the area, it could also be a detriment to the safety of the park’s guests. It’s easy to assume that everything tied to the Disney-experience is restricted within the confines of a very controlled, and therefore safe, environment. Unfortunately, that assumption may not always be correct; such lesson was just learned the hard way, as a vacationing family at Disney’s Floridian Resort & Spa experienced horror and tragedy when an alligator snatched their two-year-old from the resort’s beach shore.
The Nebraskan family of four were unwinding just after enjoying a movie on the resort’s beach. Not far from his parents, the toddler played at the water’s edge, oblivious to the inherent dangers lurking below the water’s surface. Within an instant, an alligator ambushed the boy and dragged him into the water as the parents desperately attempted rescue. Tragically, rescue was unsuccessful and the boy’s body was recovered the following day.
Magnificently-sized alligators are common place in Florida. Under what circumstances does one “assume the risk” of being attacked?
The assumption of risk doctrine means that, by engaging in a particular activity, you assume the reasonably foreseeable risk (and accompanying liability) that is inherent in that activity. A common example can be found in sporting events. If you’re attending a baseball game — a game thats premise rests on smashing baseballs through the air with wooden clubs — you are assuming the risk of getting hit by a fast-flying foul ball. Many fans bring gloves to the game in hopes of catching a ball that may fly their way — and they often do. Logically, if a fan isn’t paying attention and is clocked in the head by a foul ball, the fault is only their own as they assumed the risk that accompanies the activity.
Some people may apply the same logic above to the instance of an alligator attack. By going in or near a body of freshwater in Florida, there is always a risk, however small, that an alligator may attack. Therefore, it follows that if you’re engaging in activity in or near freshwater in Florida, you have assumed the risk of being attacked. But if you believe the parents of the Disney gator attack assumed the risk in this case — not so fast.
257
Number of major attacks by alligators in Florida since 1948
383
Number of total attacks by alligators in Florida since 1948
23
Number of fatal attacks by alligators in Florida since 1948
Alligator bite statistics cited from a 2016 report by the FWC.
Premises Liability Basics
What standard of care must used for visitor safety?
All entities that invite the public to their property owe its visitors a duty of care. This means that reasonable steps must be taken in order to keep people safe on the premises. The litigation that follows from the Disney alligator attack will largely center around this central issue: did Disney do enough to satisfy their duty of care to safeguard guests and prevent this horrible tragedy?
The litigation that follows from the Disney alligator attack will largely center around this central issue: did Disney do enough to satisfy their duty of care to safeguard guests and prevent this horrible tragedy?
Disney’s lawyers have plenty of facts to argue in favor of their resort’s safety measures, including:
- Signs posted “no swimming” in the area;
- A history of routine alligator removal with cooperation of the FWC;
- An extensive record and reputation for safety and the lack of any previous alligator attack incidents;
- The very low occurrence of alligator attacks, in general.
Are these things enough? The plaintiff’s attorney will argue that, no, they are not.
The most significant fact in the plaintiffs’ favor will likely be that, although Disney was aware that alligators frequented their resort’s waters, there was nothing done to warn guests that the danger of these alligators was present. Going back to the baseball game assumption of risk example, even if a certain danger is involved inherently in the activity, there must be some level of safety precautions taken to protect visitors. This is why baseball stadiums place a giant net directly behind home plate — to protect spectators from the highest velocity of broken bats and fouled balls. While Disney regularly removed alligators from the resort lake, as many guests may assume they would, there is otherwise no warning to resort guests that alligators pose a potential threat to their safety.
It’s pretty clear that Disney will face liability for this mistake; but the question remains, to which degree and how much will it cost them?
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