Disney Under Scrutiny for Alligator Attacks; How Businesses Can Avoid Horrific Consumer Accidents and Lawsuits

On June 14, 2016, an alligator snatched two-year-old Lane Graves from a beach behind the Grand Floridian Resort and Spa and robbed him of his life.

Although the parents struggled to save their son, the heartbreaking tragedy has left grief and a potentially hefty lawsuit against “The Most Magical Place on Earth.”

Debate has ensued whether Disney should remove all alligators from its resorts and theme parks if the “No Swimming, Please,” signage purposely failed to mention that alligators were present in the lagoon.

Experts say it would be nearly impossible to ensure the removal of all alligators from Disney resorts due to alligators’ mobility and Disney’s extensive territory.

However, documents are surfacing about Disney’s awareness of alligator activity in its resorts and could affect its case, should one be filed in the wake of this devastating incident.

Signage of Alligators, but not at the Grand Floridian Lagoon

Although Disney has signs in various locations stating “Please do not feed the wildlife. Feeding changes their natural behavior and may be harmful to their health” and “Florida is a Natural Wildlife Habitat. DO NOT FEED or GO NEAR the ALLIGATORS”, these wildlife indicators were not located at the Grand Floridian beach area where the attack occurred.
“Prior knowledge” a key factor

According to the laws of the state of Florida, hotels “have a duty to protect (guests) from unreasonable risk of physical harm.” Disney’s prior knowledge about alligator activity in that lagoon will be a major factor in a court of law. If Disney had knowledge of alligator presence, it is its obligation to inform consumers. If Disney fails to advise consumers, it is considered negligence.

In one news article, a Disney representative allegedly said they created, “No Swimming, Please” signs without mention of alligators for the Grand Floridian lagoon, as not to frighten guests about the wildlife threat.

Disney taking action; May be too late

“We are installing signage and temporary barriers at our resort beach locations and are working on permanent, long-term solutions at our beaches,” Disney released in a statement. “We continue to evaluate processes and procedures for our entire property, and, as part of this, we are reinforcing training with our cast for reporting sightings and interactions with wildlife and are expanding our communication to guests on this topic.”

The Grand Floridian frequently invites guests to the beach to watch movies and fireworks.

One may argue, if the area had dangerous wildlife, why would Disney create an inviting beach?

Is that Disney’s problem, or is it up to guests to know that central Florida is home to a diverse collection of wildlife?

If Disney did not own or introduce the alligators to the lagoon, Florida law “does not require a land owner to anticipate the presence of or harm from wild animals.”

This is not the same as when a young child fell into the enclosure of a 400-pound gorilla named Harambe. In that instance, a lawsuit could certainly be filed based on the construction of the enclosure, that fact that Harambe was the property of the zoo and the guests were aware of his presence.

How businesses can better avoid consumer accidents and lawsuits

A lesson businesses can learn from this horrific incident is the importance of signage and transparency. If there may be a possibility of wildlife interaction, create visible signs that advise of same, warning consumers to proceed at their own risk. Put up approved barricades. Send out an information packet with details about risks involved. Keep your business and consumers protected.

Do not let the potential fear of a consumer hold you back from informing them of the possible dangers. It could save your business.

*Disclaimer – This is in no way to be considered legal advice. An attorney client relationship does not exist from your reading of this blog or your following any of the suggested courses of action above.