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Post Info TOPIC: A little boy was bitten by a snake, his great-grandmother died days later and now the family is suing Disney


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A little boy was bitten by a snake, his great-grandmother died days later and now the family is suing Disney
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Members of the Barry family say their great-grandmother died after she witnessed her grandson being bitten by a snake at Disney’s Animal Kingdom.

The 8-year-old boy was visiting the park in October 2014, from Alabama, when the family says the green and brown snake fell from a tree and bit the boy on the legs. The boy had some swelling, but was not seriously hurt. The family members said the great-grandmother, who was in her 90s, began to have difficulty breathing, and they left the park.

Orlando attorney Matt Morgan is representing the family, who said they plan to file a lawsuit in the next couple of weeks.

Morgan and the family haven’t filed the lawsuit yet while they try to determine if anyone else has had a similar experience.

During a news conference on Friday, Morgan said the great-grandmother continued to have trouble breathing and was taken to the hospital. She died two days later of a heart attack.

“It is our position, that the event of the snake falling on this young boy and the great-grandmother witnessing, this event was the proximate cause of her death,” Morgan said.

The family told Morgan that Disney officials said the snake was nonvenomous.

Disney officials told WFTV they immediately counted the snakes inside the park and concluded it was a wild snake.

“The standard is when you have invitees coming onto your property, you have a duty to protect them from danger you know about or should know about,” Morgan said.

Morgan said there’s no way to prove whether Disney had knowledge of wild snakes on its property without filing a lawsuit and subpoenas.

WFTV asked Morgan if the law office would be interested in filing a lawsuit if the snake bite happened anywhere other than Disney.

“No,” Morgan said.

Disney said any claims of a wrongful death are a misrepresentation of the facts.

 

http://rare.us/story/a-little-boy-was-bitten-by-a-snake-his-great-grandmother-died-days-later-and-now-the-family-is-suing-disney/



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I heard about this lawsuit. "Wild snakes" boy that lawyer is really reaching. Disney will prevail.

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I bet they settle out of court.

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What an odd story! Truth is stranger than fiction. However, not sure you can blame Disney for her death. I think that's a stretch. Yeah, it would be shocking to have a snake fall on you, but the boy was fine.

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Southern_Belle wrote:

I bet they settle out of court.


 Places like Disney do not settle because it would only encourage more lawsuits.



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Southern_Belle wrote:

I bet they settle out of court.


Probably--but that sucks.  If the boy had received an injury I could MAYBE see them paying medical bills--but that's it.   



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I don't think Dinsey is responsible for controlling all animals in an outdoor area, even if it is on their property. That's ridiculous.
No one can stop wild animals from going where they want.
Also, people in their nineties have heart attacks and die. It's normal.

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The park could say that grandma was in her 90s and the physical exertion of the park visit was too much and that caused the heart attack.

I've had a snake fall on me. It'll freak you out.

And I was going into a school at the time.

Snakes get in strange places.



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On the bright side...... Christmas is coming! (Mod)

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lilyofcourse wrote:

The park could say that grandma was in her 90s and the physical exertion of the park visit was too much and that caused the heart attack.

I've had a snake fall on me. It'll freak you out.

And I was going into a school at the time.

Snakes get in strange places.


 Yep.  Sounds like Grandma shouldn't have gone to Disney.



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She's 90. Geez. There are worse ways to die. She had a good life and spent her last moments with her family. Nobody is to blame.

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Its Ducking Florida people. We have snakes. We have poisonous snakes. We have snakes in our schools yards, parks and backyards.
If you don't want to see a snake, then do not go outside in FL.



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On the bright side...... Christmas is coming! (Mod)

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And it was an OUTDOOR park. Disney doesn't have to control the outdoors, geesh. What if a hawk had swooped down - would Disney be responsible for policing the sky overhead?

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I'm struggling with causation...foreseeable? A bit of a stretch, to me. And there's the whole negligence issue. Are they under a duty to keep things from falling from the sky that are beyond their control?

Having a snake fall down on you would be unnerving, to be sure. Should Disney have known it was up there? I don't think so. Now if they had actually known, then yes, there's a duty to remove and protect their patrons.

Then there's duty to mitigate. Grandma started having trouble breathing so, instead of seeking medical attention by Disney medical staff, they leave? They took her to the hospital, but when? She died two days later, not immediately. What transpired in those two days?

Lots of holes in this case.

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FNW wrote:

I'm struggling with causation...foreseeable? A bit of a stretch, to me. And there's the whole negligence issue. Are they under a duty to keep things from falling from the sky that are beyond their control?

Having a snake fall down on you would be unnerving, to be sure. Should Disney have known it was up there? I don't think so. Now if they had actually known, then yes, there's a duty to remove and protect their patrons.

Then there's duty to mitigate. Grandma started having trouble breathing so, instead of seeking medical attention by Disney medical staff, they leave? They took her to the hospital, but when? She died two days later, not immediately. What transpired in those two days?

Lots of holes in this case.


 But it being a non-poisonous snake, why would there even be a duty to remove it then?  It's ANIMAL KINGDOM.  You'd think natural habitat would be preferable.



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Do animals roam wild at Animal Kingdom? I have never been. The parks I have been to, snakes are kept in glass houses, where they can be watched and admired without being in contact with patrons. I don't think I've been to a park where snakes are viewed in their natural habitat. Although I have been to simulated "rain forests" where frogs and snakes are not behind glass. In those, I do not recall tree branches extending pathways with snakes dangling overhead.

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On the bright side...... Christmas is coming! (Mod)

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FNW wrote:

Do animals roam wild at Animal Kingdom? I have never been. The parks I have been to, snakes are kept in glass houses, where they can be watched and admired without being in contact with patrons. I don't think I've been to a park where snakes are viewed in their natural habitat. Although I have been to simulated "rain forests" where frogs and snakes are not behind glass. In those, I do not recall tree branches extending pathways with snakes dangling overhead.


Animal Kingdom was left as natural as possible.  There are trees and water and natural habitats everywhere.  Birds fly in and out, squirrels, etc.  I would find it perfectly normal. 



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On the bright side...... Christmas is coming! (Mod)

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These are pictures -

treeoflife.jpg

 

images?q=tbn:ANd9GcRulOepAKJOM_Lt0igDyqkwF9ZOqOQe7m_JRv5DQTnFV7fANc6Tow
 
Dis%20611.jpg
 

 



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On the bright side...... Christmas is coming! (Mod)

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How would you even think to keep insects, snakes, squirrels, etc. out of there?

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FNW wrote:

Do animals roam wild at Animal Kingdom? I have never been. The parks I have been to, snakes are kept in glass houses, where they can be watched and admired without being in contact with patrons. I don't think I've been to a park where snakes are viewed in their natural habitat. Although I have been to simulated "rain forests" where frogs and snakes are not behind glass. In those, I do not recall tree branches extending pathways with snakes dangling overhead.


 It doesn't even need to be an "Animal Kingdom" though.  If you have trees or grass you have enough natural habitat for all types of critters, to include spiders, bugs, lizards, rodentia (funny side note, Disney parks have huge colonies of semi-feral cats that roam the parks at night naturally taking care of the rodents that are drawn to the plethora of food crumbs and wrappings the very lazy/selfish tourists leave behind in their wake) and these animals natural predators. 

There are snakes in your local parks, there are snakes in your local business districts.  You just rarely see them. 

To expect ANY business to be able to control every bit of the outside of their business is just not possible.  



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On the bright side...... Christmas is coming! (Mod)

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Yep. And here is an aerial view of Animal Kingdom. You can't even see most of it for the trees.

75daf14d38e1229a2740fe108cf0d533.jpg



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Remind me not to visit Animal Kingdom. J/K

I agree they cannot be held responsible for wild critters. My point was that if someone told an employee, "Hey, look, there's a snake overhead dangling from that branch over the people waiting in line to ride the rapids," and the employee did nothing about it, then there might be some liability.

On another note, I am glad I read this. We are going to Nemacolin for Spring Break where they have wildlife adventures. You better believe I'll be looking up....

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Lawyerlady wrote:

And it was an OUTDOOR park. Disney doesn't have to control the outdoors, geesh. What if a hawk had swooped down - would Disney be responsible for policing the sky overhead?


 I agree.



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Ilumine wrote:
FNW wrote:

Do animals roam wild at Animal Kingdom? I have never been. The parks I have been to, snakes are kept in glass houses, where they can be watched and admired without being in contact with patrons. I don't think I've been to a park where snakes are viewed in their natural habitat. Although I have been to simulated "rain forests" where frogs and snakes are not behind glass. In those, I do not recall tree branches extending pathways with snakes dangling overhead.


 It doesn't even need to be an "Animal Kingdom" though.  If you have trees or grass you have enough natural habitat for all types of critters, to include spiders, bugs, lizards, rodentia (funny side note, Disney parks have huge colonies of semi-feral cats that roam the parks at night naturally taking care of the rodents that are drawn to the plethora of food crumbs and wrappings the very lazy/selfish tourists leave behind in their wake) and these animals natural predators. 

There are snakes in your local parks, there are snakes in your local business districts.  You just rarely see them. 

To expect ANY business to be able to control every bit of the outside of their business is just not possible.  


 They also have pea****s and peahens.

Large, not friendly but beautiful pea****s and peahens.

They won't arbitrarily attack but don't tease or get too close.

And they are protected there.

So you have to yield to them.



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On the bright side...... Christmas is coming! (Mod)

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FNW wrote:

Remind me not to visit Animal Kingdom. J/K

I agree they cannot be held responsible for wild critters. My point was that if someone told an employee, "Hey, look, there's a snake overhead dangling from that branch over the people waiting in line to ride the rapids," and the employee did nothing about it, then there might be some liability.

On another note, I am glad I read this. We are going to Nemacolin for Spring Break where they have wildlife adventures. You better believe I'll be looking up....


It's beautiful.  And when it's hot, you are so thankful for those trees. 

 

 



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I know what to do_sometimes wrote:
Southern_Belle wrote:

I bet they settle out of court.


 Places like Disney do not settle because it would only encourage more lawsuits.


 Michael Jackson settling out of court is proof of this.



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Lawyerlady wrote:

And it was an OUTDOOR park. Disney doesn't have to control the outdoors, geesh. What if a hawk had swooped down - would Disney be responsible for policing the sky overhead?


   People are idiots if they can't understand that.  Get off the couch and go spend some time outdoors and learn about nature.  Geez.  Oh, and i learned about snakes real fast when we moved out more to the country.  It's part of life.  



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when we were in FL eating at an outside patio at this local place one of the many little geckos running rampant was on a half wall. It was strolling around back and forth.....and leaped over onto DD's hair in her twisting bun thing, she was 12 and was not aware until her brothers pointed it out. to her credit there was NO noise but lots of pulling of hair and flailing of arms We were the only ones out there other than an older couple quite a ways off from us, they watched DD with smiles and then DD10 commented, you should see her move when she steps on frogs in our garden~

looking back it was hilarious. DD never would sit with her back to that wall again. and then when they were swimming in the salt water pool and the geckos flopped it, I told them it was like swimming with the dolphins LOL. DD12 was not amused

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I remember visiting Florida back in 1987ish with my mother. She was deathly afraid of lizards and snakes. There were so many little lizards everywhere. It was hard to not to step on them. By the end of our trip, she didn't even notice them anymore.

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There is no way these people will win this. Sad fact is 90 year old people sometimes die. Another sad fact is that snakes that are native to an area sometimes bite people.

What was a 90 year old doing tromping around a Disney Park in the first place? That, by itself, has "Heart Attack" written all over it.

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Here is the news story I saw about it, a couple of days ago:

Family: Snake bit boy at Disney park, leading to grandma's death

Disney's Animal Kingdom

                     

                                            

ORLANDO, Fla. -- An Alabama family says an escaped snake at Disney's Animal Kingdom dropped from a tree and bit a boy, which led to the death of the boy's grandmother.

The family's attorney, Matt Morgan, said Thursday that the family plans to sue Disney World.

He says the grandmother saw the snake bite the boy, went into cardiac arrest and died a short time later.

Disney spokeswoman Jacquee Wahler says the allegations mischaracterize what happened.

Disney confirmed to CBS affiliate WKMG that the boy was bitten by a snake at the park but said it was a wild, nonvenoumous snake and not part of the park's collection.

Disney also says after the boy was treated with a Band-Aid, the family returned to the park.

-------------------------------------------

 

Ummm, really? The boy was treated with a Band-Aid, and the family returned to the park.

And, now, they are going to sue Disney?confuse



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