by Sixstrings » Tue 31 May 2016, 22:47:31
$this->bbcode_second_pass_quote('Plantagenet', 'W')hen it comes to Harambe the gorilla, I could see the family suing because the zoo didn't properly enclose the gorilla cage, allowing their poor child to fall in.
Well, I think they definitely have a case. It's a good thing the zoo saved the child -- they'd have had massive liability if they had not taken appropriate measures because of not wanting to hurt the animal, and then the animal hurt the child, or worse.
They did great on that. They saved the kid.
So now, they are just liable for his injuries from the fall -- due to the faulty design and / or maintenance of the exhibit, with that gap next to the barrier and then they had a bit of loose chain link / wire fence and that's what the kid got through.
Businesses definitely have liability for their customers' safety.
Whether it's a store and wet mopped floor.. or, a mechanic is responsible to keep customers away from the pit thing where they raise the cars up, and keep customers out of the garage..
Customers are stupid, sometimes. That's just how it is.
The BUSINESS has to "kid proof" their business. In the case of the zoo, it WAS a kid -- three years old, that's not his fault.
If the cable company guy comes out to your house and puts a box in, and let's say you want it on the other side of the room with a cable or cord running across your floor -- he's going to tell you no, he won't do that. Because of liability, in case you wind up tripping on that cord.
A zoo is like a theme park -- *one cannot count on tourists to have good sense*. It's the PARK's responsibility, to be as safe as possible.
Swimming pools have lifeguards. And tall fences too. Why? Because of liability. So that nobody can drown and sue the owner, and no kids can wander in, without a fence, and fall into the pool.
Was this gorilla exhibit as safely set up as even an a common hotel swimming pool? Doesn't sound like it.. of course they're liable.If you go to to Disney World, and fall through some hole that's due to poor design -- of course the park is liable, if it's reasonably their fault, if they could have reasonably designed it better.
If a swimming pool must have a lifeguard, then why doesn't a 400 pound gorilla exhibit have an attendant? To make sure nobody falls or gets into the pit?
If a carnival ride must have an attendant -- then why don't these zoo exhibits? Apparently, to keep labor down and maximize profit.. well, that's on them. They're liable, now there's a lawsuit.. in the future they should hire some employees to watch over it.
Swimming pools have lifeguards. Carnival rides have attendants. So should 400 pound gorilla exhibits, and lions and tigers and elephants and such too.