General Discussion
In reply to the discussion: Disney resort custodian says he warned managers they should have fences [View all]pnwmom
(110,239 posts)on the signs they put up, would that be okay with you?
It wouldn't have cost them any more to put up a sign that had an alligator warning. And they knew there was a risk, because they have acknowledged that they were "managing" it. But shouldn't they have also given their guests adequate warning?
https://www.washingtonpost.com/news/post-nation/wp/2016/06/15/legal-experts-did-disney-do-enough-to-warn-its-guests-about-alligators/?utm_term=.edf0c86cf11d
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 didnt 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, its most likely a case about reasonable warning.
SNIP
Matt Morgan, an Orlando attorney who has litigated numerous negligence cases against Florida theme parks, agreed that any case would turn on a couple central questions. What did Disney know about the presence of alligators and when did they know it? What protections were in place for these visitors? he said. If Disney knew and did not take steps to warn visitors, they could be liable.