Alligators, etc.

I remember being a kid and seeing “No swimming” signs at the local creek. We figured that meant it was okay to go wading, so:

When unspeakable tragedies occur, it seems to be human nature to ask the questions, why and how. Why did this terrible event happen? How could this have been prevented? When events seem so much out of our control, we want to feel that someone or something is to blame. We somehow take comfort in that.

When a toddler from Nebraska was swept away by an alligator while playing on a beach by a man-made lagoon at Walt Disney World in early June, the world was shocked, saddened and wanting to know how this could happen. Even though alligators are a known fixture in the state of Florida, most people would not expect that kind of danger at a prominent resort.

Initially, when the news first broke, as often happens with tragedies involving small children, people were quick to question the parents. However, as more information became available, it seems the incident was absolutely no fault of the parents.

According to eye-witnesses, the parents were within five to 10 feet of the toddler, along with many other people along the beach. The child was walking along the water’s edge when the alligator attacked and the shocked parents immediately attempted to rescue their child.

So now, the question is – could Disney have done more to prevent this incident? There were “No Swimming” signs posted around the man-made lagoon, but was that enough? Technically, the toddler was not swimming – only wading in very shallow water.

Guests vacation at these resorts and play on these beaches with the expectation that they are reasonably safe. The fact that Disney built this man-made lagoon and has knowledge that alligators can potentially be present and enter these lagoons, could be sufficient to prove liability.

However, because alligators are known inhabitants of Florida and because this is an extremely rare incidence, Disney may have a defense against a claim of foreseeability.

Attorney Peter Tragos commented, “This tragedy underscores the need for businesses and organizations to properly post warnings no matter how remote the danger may be.”

Since the attack, Disney has posted additional signs around all bodies of water on the property. In addition to the “no swimming” warning, there is also a warning of alligators.