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6 minutes ago, swimmarz said:

I have done a little research on Disney and its legal issues, 
I would agree that the signage change, and people fence( not animal fence as 3 ropes wont prevent any animal) was mainly reaction to media coverage as well as further prove no swimming is allowed in the waters on Disney property 

I have read that the family has no intentions of filing  lawsuits, and due to Florida Law's Disney can actually settle with the family and keep it entirely out of any legal system via NDA's 
Disney could( and probably will) offer a settlement of $1 million, if the family refuses that Disney then has to wait for a counter offer, or a legal proceeding from the family before making another offer, again this is if what i read is correct as I am no lawyer.

I also found that a vast majority of lawsuits do settle out of court, in most instances for $15,000 or less
and someone ran the numbers, if you do decide to take Disney to court, no matter the issue, one would have a 4% chance of winning

Good info and research.

I agree that they can and have used NDA's, but I think this one is too public and if they do agree to an NDA, the media will hound them forever.

There is a building by Disney Springs, that houses the law offices.  It's a large multi storied building, so Disney has plenty of legal representation.

As you said a 4% win for the customers is really nothing, it might as well be 0.

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These aren't gator protective fences, these are anti-liability barriers. Disney is showing that they are protecting their guests by blocking access to the water and placing signs warning of dange

Oh, people will go past them, somehow get injured, and go after Disney. These are the same entitled people that don't wait in merge lanes, block aisles with their strollers and shopping carts, an

I am a little on the fence about this. I like that the fences are more like barriers and don't look like a eye sore, but part of me is also sad.  As a kid I swam and played in that water, as a dad I r

1 hour ago, swimmarz said:

I would agree that the signage change, and people fence( not animal fence as 3 ropes wont prevent any animal) was mainly reaction to media coverage as well as further prove no swimming is allowed in the waters on Disney property

WDWMagic is calling the fences "temporary" - this was just posted (and likely came off The Hub) -

"Crews have been installing temporary barriers and new signage on the beaches..."

So I guess we'll see what the permanent solution is. But... they're also now not going to allow people on the beaches at night. From the same article -

"Guests will be able to use the beach areas from sunrise to one hour before sunset, and they will be staffed by cast members."
http://www.wdwmagic.com/resorts/walt-disney-world-resorts-information/news/23jun2016-walt-disney-world-reopens-resort-beaches-and-recreational-marinas.htm

I'm assuming this means they'll be moving the areas where some resorts have their nightly movie showings on the beaches.

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On 6/23/2016 at 7:50 AM, Travisma said:

Like I had mentioned earlier, do the Disney lawyers know something that gives them an out as far as just having the few No Swimming signs ?

The fence and new signage is to alleviate the public fears and the media frenzy.

I would guess that even if Disney has no liability, the family will be compensated somehow.

This is too big of a story to settle quietly and with a non disclosure.

 

Not sure if it applies to this situation, but several years ago when a tree fell on my camper in the 1900 loop the Disney Legal Dept told me that Florida law exempted Disney from any liability for "Acts of God"......

They made it clear that a tree falling was considered an Act of God by Florida case law.

Whether an alligator attack is also an Act of God is a good question. My guess is that Disney is also protected in animal attacks unless gross negligence or malicious intent can be proven.

So I would say you are right, Disney knows that they are in the clear legally, and you are probably also right that they will compensate the family anyway to avoid anymore bad publicity.....

 

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When a tree branch fell on the roof of our camper and tore a small hole in it, the reps that came to inspect it said to stress that it was a dead tree branch if anyone asked.  If it was alive one, it would be an Act of God.  Since it was dead, it was Disney responsibility to remove them before they could cause damage.

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4 hours ago, Memphis said:

In the story I posted about No Fishing it says they are hanging netting on the fences.

Sounds like an extra measure to try and make it harder for anyone to get into the water - either those knuckleheads that do stupid things fence or not, or kids that could easily fit through the ropes there now.

 

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On 6/29/2016 at 7:41 AM, alexwyattmommy said:

When a tree branch fell on the roof of our camper and tore a small hole in it, the reps that came to inspect it said to stress that it was a dead tree branch if anyone asked.  If it was alive one, it would be an Act of God.  Since it was dead, it was Disney responsibility to remove them before they could cause damage.

Ha!  That explains why they refused to allow us to have a non-disney tree company come and inspect the tree for us.  Their Legal people kept saying that it must have been a windstorm or small tornado that knocked it down even though the family playing ball near our site said there was no wind (thank God their daughters ran when they heard a huge "CRACK"....)

It also explains why, a week or two later, Disney embarked on their epic tree-clearing binge.

Still not sure if Alligator attack is considered an Act of God though. Especially when there doesn't seem to have been any real effort to remove the bigger ones from the lake?

 

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4 hours ago, Avatab.... Steve said:

 

Still not sure if Alligator attack is considered an Act of God though. Especially when there doesn't seem to have been any real effort to remove the bigger ones from the lake?

 

I saw this and had to interject, according to Florida fish and wildlife, Sixteen of the 244 were removed this year so far, including six on May 10, 2016. One of those was 9 feet long and another was 8.5 feet long, records show. 

they are averaging about 25 gators removed from Disney property each year


 

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1 hour ago, swimmarz said:

....One of those was 9 feet long and another was 8.5 feet long, records show. 
 

Yikes.  

Supposedly the one that lots of people saw hanging around in the Rivers of America last summer wasn't very big, and the "word on the Disney street" (rumor only) was that because he was small and not in an area where he could reach guests or vice versa, they let him be. He was spotted a bunch for quite some time, there's even video online of him over by Splash Mtn.  I'd imagine now that ANY gator spotted will be removed regardless of size/location.

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18 hours ago, swimmarz said:

I saw this and had to interject, according to Florida fish and wildlife, Sixteen of the 244 were removed this year so far, including six on May 10, 2016. One of those was 9 feet long and another was 8.5 feet long, records show. 

they are averaging about 25 gators removed from Disney property each year


 

 

Thanks for the info. I did not know that there were so many and that Disney was making an effort to remove the bigger ones.

My guess is that Mo is right and Disney will be removing every gator they can now.....   

 

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17 hours ago, BradyBzLyn...Mo said:

Yikes.  

Supposedly the one that lots of people saw hanging around in the Rivers of America last summer wasn't very big, and the "word on the Disney street" (rumor only) was that because he was small and not in an area where he could reach guests or vice versa, they let him be. He was spotted a bunch for quite some time, there's even video online of him over by Splash Mtn.  I'd imagine now that ANY gator spotted will be removed regardless of size/location.

When my wife worked Frontierland back in 1999, a larger gator was spotted at Harpers Mill, along the water.  She called that in and it was quickly removed.

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On June 21, 2016 at 5:57 PM, MadCane said:

I am a little on the fence about this. I like that the fences are more like barriers and don't look like a eye sore, but part of me is also sad.  As a kid I swam and played in that water, as a dad I ran around in the ankle to knee deep water playing with my kids in that water, and as a grandpa I hold my grand kids hands as we walked in the water to get our feet wet. 

MadCane, I have to agree with you. I didn't visit the lake on Disney property when I was young but I grew up about 90 minutes from Orlando in Flagler County. Main road was dirt and we were surrounded by the same type of woods and water as at the Fort. I played / swam in any lake I could find. We all did. No issues other than the occasional water moccasin but we could see them coming and get out of the way. I've heard the issue now is that people are feeding the gators which is drawing them to the shore. I feel horrible for that family and while I don't like the new restrictions I can't blame Disney for putting them in.

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How did viewing the 4th fireworks go?  Were you able to access the beach?

4th of July had a several hour long beach party including fireworks. We watched Wishes from the beach last night (5th). There were at least 3 fort rangers there including one driving up and down the beach on a golf cart so I assume they were okay with us being there. Immediately following the fireworks the fort rangers moved across the beach telling everyone the beach is now closed and we would have to leave.

Sent from my iPhone using Tapatalk

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