Lonker Law Group Blog
Jacksonville DUI, Divorce, Criminal Defense & Personal Injury Lawyer. Your Justice is our job.

Differences in Cincinnati Zoo attack and Disney alligator attack

by Whitney Lonker 22. June 2016 11:08

Image result for caution animalThe story of Harambe, the gorilla who was shot at the Cincinnati Zoo after endangering a young boy, is different legally from the story of the alligator who killed the boy in a Disney park as mentioned in our previous post in a few different ways but the topic we are continuing to focus on is negligence.  The Cincinnati Zoo is less likely to receive a legal fight from the visitors to the park than in the Disney Park issue because they not only reacted to the situation immediately after the boy fell into the animal enclosure whereas search/rescue efforts in Disney took 16 hours simply to find the boy’s body.  The larger part is that when a family enters the Zoo they are accepting a certain amount of risk in being so close to these wild animals.  You are willingly coming here to be close to animals and accept risks associated with that whereas an animal altercation at a Disney Resort within the park is not at all involved with the expectation of the Resort.  So in terms of negligence claims these two incidents were quite different when on the surface one may have grouped them together. 

 

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Is Disney's Park administration to blame?

by Whitney Lonker 21. June 2016 11:05

Image result for disney alligator attack

On June 14th a boy was killed by an alligator within a Disney park here in Florida and Disney may face legal trouble because of it.  The family could sue Disney using an accusation of negligence or a more serious charge of gross negligence if they can prove that Disney was aware of the presence of the alligators in the pond but did nothing to inform park goers. They may be able to land the gross negligence charge because Disney did take the effort to put up “no swimming” signs, but chose to not include the presence of the alligator in the water. Which would mean that they not only didn’t provide notice of the alligator presence but actually deliberately chose not to disclose it.  On the other side of the argument, Disney may be able to say that if the kid, or by extension the parents, had followed the no swimming sign, that the child would have not been in the presence of the alligator.  So it may just be the child and parents fault by ignoring posted signs around the water which then lead to the death of their son.  If they ignored the no swimming signs who is to say that the extra ‘caution alligator’ underneath would have deterred them since they have no issue ignoring other warnings.  Only through further investigation will they learn if Disney can be held liable for the death of the child. 

If you or anyone you know has any further questions regarding personal injury cases or any other legal questions, please contact us at 904-868-5665 and we will be happy to help!  

 

 

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At what point is it Police Brutality?

by Whitney Lonker 3. June 2016 08:41

Police brutality requires the use of excessive force which would be a use of force much stronger than that which was necessary to handle a situation.  The trouble with this definition is that it can sometimes be difficult to determine what was “necessary” in a situation, and the officer’s opinion and the civilian’s frequently differ due to the fact that they are not seeing the situation in the same way.  The most common instances of police brutality involve physical altercations, verbal abuse, and baseless arrests.  The most concrete way to know if an Officers actions were unnecessary would be to look at the handbook provided by their department and see if any guideline in there was ignored or broken.  Federal Law and Constitutional Law are also good places to go when trying to determine if they went too far.  If you have any questions about any kind of Criminal Defense contact us and we will be happy to answer them. 

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