Experts say that the Walt Disney Company is likely to be facing a multi-million dollar wrongful death lawsuit from the Graves family whose little boy was killed by an alligator on the beach of a Disney resort.
Matt Morgan, an Orlando attorney with experience in cases against the theme parks, says, “The Walt Disney Corporation has a duty to warn their hotel guests of any dangers that they either know about or should know about.”
The beach had signs advising guests from swimming in the water, but none of them gave warnings of alligators.
Morgan says, “If Disney had knowledge that there were alligators in the lagoon and did not take steps to inform their guests of such dangers, then they could be liable.”
He added that the resort encourages guests to spend time on the beaches, by keeping beach chairs and umbrellas available for recreational purposes.
Nick Wiley, Executive Director of the Florida Fish and Wildlife Commission, said that it is routine practice to remove alligators from the waters on Disney property. “They have a full-time staff observing these waters and they have essentially an open permit system where any time they see an alligator or a complaint is called in, it can be taken out.”
Walt Disney World is currently in the process of adding warning signs and fences along the beaches to keep people away from the water. According to Morgan, “A hotel has a duty to their business invitee to protect them from known dangers which are present on their property and in this particular instance it is my opinion that because they may have been aware that these alligators were present in the Seven Seas Lagoon and didn’t warn guests that could be particularly problematic.”
Alan Sykes, a Stanford Law School professor, agrees, saying that he would be “skeptical of a claim that a family visiting from Nebraska would necessarily know about the alligator danger in a resort lagoon.”
Both men believe that Disney will attempt to settle the case out of court, but that it will go to trial, because “there is no amount of money that will adequately compensate this family for their loss.”
The Graves family has returned home to Nebraska and has asked for privacy from the public. They have released a statement saying, “Words cannot describe the shock and grief our family is experiencing over the loss of our son. We are devastated and ask for privacy during this extremely difficult time. To all of the local authorities and staff who worked tirelessly these past 24 hours, we express our deepest gratitude.”
News source: People
