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After reading lots of posts on a Disney forum, I've come to the conclusion that Disney is somewhat responsible because they didn't provide enough warnings. Other resorts in the area have no swimming and alligator warning signs by bodies of water.Looking at these pictures I can see where lawyers will make the argument that Disney should have a fence along the waters edge to keep guests out and gators in the water. The article says Disney was hosting a movie night on the beach they maintain (note the picture of the tractor grooming the sand). There is also a shot of a fenced pool and playground next to this beach.
Many people posted that they see poisonous snakes in that same lagoon. There are lots of people posting that they thought you couldn't enter the water due to the amoeba. Others have posted that "no swimming" means no lifeguard on duty where they are from.
Disney needs to put signs that say there is brain eating amoeba, alligators and snakes in the water. At the very least, they could post dangerous wildlife. They probably didn't want to do it because maybe people wouldn't want to pay $500..night to stay in the resorts that are on the water if they were scared. Disney held an outdoor movie night on the beach when this occurred. I just don't think they did all they could do to warn visitors how dangerous the water is. A fence around the water will probably help. I do see how they can be liable unless they had a disclaimer on the check in sheet signed by the person checking in that explained what goes on in the water by the resort.