Walt Disney World Orlando advertises itself as one of the “Happiest Places on Earth”. For millions of visitors every year, it is quite a happy and joyful place filled with rides, cartoon characters, and adventures; however, for many children and their families, Walt Disney World Orlando happens to be a placed filled with horrific memories, significant personal injuries, tragedy, and even the untimely and wrongful death of a visitor from children to teens to adults. Certainly, Walt Disney World Orlando welcomes children and families to its many theme parks, attractions, resorts, and hotels. As such, it is important that Walt Disney World Orlando provide a safe and well maintained environment with the full knowledge that every day families and young children will be on the premises. This duty extends to all areas of the park and resorts including but not limited to the attractions, rides, restaurants, hotels, lobby areas, swimming pool areas, recreation areas, and yes, the other aquatic areas whether man-made or natural in the form of lakes, ponds, canals, lagoons, and other areas. It is incumbent upon Walt Disney World Orlando to patrol the areas, maintain the areas, clean up the areas, and post prominent signage about potential dangers that may include those related to electrical and wildlife. If an area has the potential for significant injury or death, this particular area should either be closed off, modified, and / or posted with prominent signage.
A recent incident at Walt Disney World Orlando left a family and community in shock when an alligator from the Seven Seas Lagoon lunged out of the water and grabbed a 2 year old who was standing in or near the water with his father. The boy, who was vacationing with his family from Nebraska, was attacked by the alligator. While the father tried to do his best to stop the attack and save his son, he was unable to do so. It was reported that there were signs in the area that advised visitors about the designation of a “No Swimming” area. There may not have been any warnings or signage about the presence of dangerous wildlife including but not limited to alligators. Certainly, this incident was and is a complete and utter nightmare for the family visiting the “Magic Kingdom” from Nebraska. The incident was immediately reported to Walt Disney World Orlando officials, resort staff and management, local law enforcement, and Florida Wildlife Law Enforcement officers. You can read more about this tragedy at KETV Omaha, Nebraska – Alligator Attacks and Drags 2 Year Old Nebraska Boy at Walt Disney World Orland Resort – Seven Seas Lagoon.
The injury and / or wrongful of a child is a harrowing experience. Certainly, as parents, we work day and night to provide for our children’s safety, health, and welfare. When a child is injured or when a child dies as a result of the negligence of another person, business entity, or government entity, a parent is faced with a number of life, medical, and legal challenges. Certainly, it is important that these trying times to be supported by family members, friends, community, medical professionals, clergy, community, and, yes, when necessary an experienced and caring Florida Child Injury Lawyer. Big businesses are supported day / night by in-house and retained legal counsel essentially on a 24 / 7 basis. There are risk management and insurance risk management adjuster in place to advise and protect the companies. As such, injury victims and their families also deserve legal representation to make that legal rights are protected, enforced, and preserved as needed especially in the aftermath of significant personal injuries and /or wrongful death.
Disney and other theme parks are magical. For some, they are a place where dreams come true. For others, they are a place that sadly are a reminder of a horrible tragedy in the form of a death or a serious personal injury of a child. It was recently reported that a 3 year old child drowned at the Disney World – Art of Animation Resort located in Kissimmee (Orlando), Florida. It was reported that the 3 year old child was found in the pool at approximately 8:00 p.m. The child was found underwater. The child was then taken to a local hospital where the child was pronounced dead. What a terrible ordeal for all involved.
Disney World is a major attraction in Orlando, Florida. It is known worldwide as a place “Where Dreams Come True”. There is certainly something magical and special about Disney World and all of the wonderful characters, rides, and attractions at the Magic Kingdom Park, EPCOT, Disney’s Hollywood Studios, Disney’s Typhoon Lagoon Water Park, Dowtown Disney, ESPN Wide World of Sports Complex, Disney’s Blizzard Beach Water Complex, and Disney’s Boardwalk. Due to the shear size of Disney World and all of its attractions, properties, hotels, restaurants, and water parks, injuries to both adults and children are bound to happen. With any kind of physical activity, there is always a risk of injury which then presents the following question:
Is Disney World Orlando Liable for All Injuries that Take Place at the Park?
The simple answer is “No”. The reason that the answer is simple is because of the use of the word – ALL – in the question above. Disney is not an insurer or guarantor that injuries will never happen on its properties. For instance, let’s assume that a guest is walking down Main Street and twists her ankle. Soon thereafter, the ankle begins to swell and she gets some assistance from the Disney staff in the form of a wheelchair and an ice pack. Is Disney responsible for this incident? Let’s put in a few additional facts. The guest was merely walking down Main Street which was clean, level, and free from any hidden or not do hidden hazards or obstacles. The ankle of the guest twisted through no fault whatsover of Disney. Under this fact scenario, Disney would not be legally responsible for the injuries, bills, or pain and suffering.