Question

Gator World is a family attraction and theme park near Daytona Beach, Florida. One of the park attractions is called "Too Close for Comfort". It allows visitors to venture into the swamp area within a few feet from hungry alligators to feed them and then pose for a picture with your back towards the animals. Prior to entering the swamp area, visitors are required to read and sign a release of liability and assumption of risk form. One day, Dylan a self-described 22 year old adrenaline junkie, decided to do the "Too Close for Comfort" experience while visiting Gator World. After he "read" the release form he eagerly signed it and went on to feed the alligators. When he was getting ready to pose for his picture, one of the alligators snapped and viciously attacked him. The injuries sustained caused Dylan to lose his right leg. He is suing Gator World and is seeking damages. Florida is a comparative negligence jurisdiction. Is Gator World liable? If so, under which theory? Does Gator World have any defenses available?

Answer 1

Answer:

The assumption of risk theory in Florida is limited to two types of cases

(a) The complainant has decided not to sue the corporation for any losses or compensations.

(b) The damage is continuous through involvement in contact casual.

As none of the complaint prevails in the case ( As per specified facts), it is upon jury to analyses the risk in proportional fault policy that  consents for a jury to regulate the plaintiff’s own proportion of fault in the accident giving rise to his grievances, and deduct the complainant's compensation by that quantity. Gator World is liable for compensations as it should have had appropriate security preparation in place to prevent the consumers from a sudden occurrence ( given the nature of animal, such occurrences could have occurred anytime), when he /she has his /her back to the animal, and is not in situation to realize and save himself / herself from a sudden attack. The proportional fault theory will also take into explanation the degree of negligence assumed by the complainant, while deciding on compensation.

Gator World has two defenses.

(a) The contract between client and firm involves a no-sue clause.

(b) The customer, self-proclaimed as adrenaline junkie performed in risky way by receiving too close to the animal, and dishonored the code of behavior /guidelines providing to him by the corporation.