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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 signLinks to an external site.
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?
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