The alligator attack death of a 2-year-old boy at a Disney resort recently was met with horror, grief and questions about whether the theme park may be liable for what occurred.
The toddler, Lane Graves, was snatched by an alligator as he was splashing in about six-to-twelve inches of water, about one foot in at the bank of a man-made, freshwater pond, his father just footsteps away. His father wrestled with the alligator to try to free his son, but tragically, he did not succeed. The boy’s body was found intact after an exhaustive 16-hour search.
Soon after word of this nightmare emerged, it was revealed that there were “No Swimming” signs posted nearby. However, there was no mention of alligators or any other wild animal. Of course, those of us who live in Florida are familiar with the fact that any freshwater body – and even some saltwater – is a potential habitat for gators. But this was a resort and it was known many people would be staying from out-of-town. This family was no exception, as they’d been visiting from Nebraska.
But could Disney be liable for wrongful death in this case?
Based one what we know of the case, it seems plausible. Continue reading