A two-year-old boy being killed by an alligator at a beautiful Disney Resort is an unspeakable tragedy that has some asking, how could this possibly happen? Was there anything Disney could have done to prevent this? Did Disney have a duty to warn of the danger of alligators at the resort’s lake?
When an accident occurs on the grounds of a business, premises liability law may be invoked. Premises liability is a complicated area of law and liability is determined by the specific facts of any given incident. Premises liability law is based on the presumption that property owners have a duty to keep visitors reasonably safe from known dangers. Some dangers are said to be open and obvious, and therefore, may not reasonably require a verbal or sign warning. If there is evidence to show that the owner failed to take reasonable steps to keep the premises safe, there may be grounds to pursue a civil claim.
There are three main factors in a premises liability suit:
The property owner was aware that a dangerous situation was present;
The property owner failed to correct and/or reasonably warn invited visitors of the dangerous situation; and
A serious personal injury or wrongful death occurred as a direct result of the dangerous situation.
The events and circumstances around the Disney tragedy will need to be investigated by experts. Unfortunately, severe personal injury occurs on a daily basis due to negligence. If you have a question about a premises liability injury, call Milles Law. We are always here to defend your rights. Your Rights! Your Lawyer!