Legal Experts: Did Disney Do Enough To Warn Its Guests About Alligators?

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Publish Date:
June 15, 2016
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The Washington Post
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Summary

The snatching of a 2-year-old boy by an alligator from a beach at a Disney resort Tuesday night immediately raised questions about the animal’s behavior and the company’s responsibility.

Among them: How common are alligators in the lagoon where the attack happened? Did Disney do enough to mitigate the problem or warn tourists about potential dangers? If not, could the resort be held legally liable for the toddler’s death?

Alan Sykes, a professor at Stanford Law School, said the Walt Disney Co. could be held liable for the incident if there is proof of negligence.

“The hotel owes a duty of care to its customers to take reasonable measures to make the premises safe,” said Sykes, who stressed that he didn’t know all the details about the incident in Orlando. “That would include if there are hidden hazards in a lagoon on the hotel property.”

He said a key question would be whether the resort had prior knowledge of alligators in the water near the hotel and what it had done to mitigate that issue, or at least adequately warn tourists of the potential dangers. “A simple ‘no swimming’ sign might be deemed insufficient,” he said. “If it gets litigated, it’s most likely a case about reasonable warning.”

Whatever the particulars, Sykes said the case is almost certain to attract the attention of lawyers seeking to sue the resort.

“I wouldn’t be surprised if Disney ends up settling this, even if they have some decent legal argument,” he said. “It’s a black eye on the Disney resort.”

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