there is no duty to make a place of business absolutely safe. Your duty as a premise owner to a business invitee (theme park goer) is to take "REASONABLE CARE" and maintain the premises in a "reasonably safe" condition. There is also a duty to warn of known and hidden dangers.
In this case -- they are doing exactly what they're supposed to be doing. They are warning everyone about the virus -- and it's potential harms, as well as taking "enhanced" health and safety measures. But even then -- they are trying to make sure everyone understands that they can't make it perfectly safe. It's an absolute impossibility.
As far as the statement "By visiting Disney Springs you voluntarily assume all risks related to exposure to COVID-19" being classless -- I just don't see it that way. They are merely making it explicit for those dumb dumbs out there.
Would you rather them say, "By visiting Disney Springs you voluntarily assume all risks related to exposure to COVID-19, unless one of our employees intentionally or with criminal wrecklessness causes you to become infected"?
I know enough Dale Carnegie to understand that I'm not going to change anyone's mind here. So here goes nothing . . .
They are not doing exactly what they're supposed to do be doing. They are not supposed to be putting out signs that state something that
is not true.
It is not true nor is it lawful for a business owner to state that someone is assuming all risks (like this). No court of appeals would allow a theme park owner to void its responsibility for a intentional, willful, wanton, or reckless conduct nor would a court allow Disney to not take action to mitigate a known hazard without liability.
Disney cannot get its guests to waive their right by a sandwich board. This may be how its done on a parasailing boat in Cozumel but not in the U.S. (even Florida).
At best Disney's goal is to educate people about the risks of COVID-19 but at worst I believe this sign is a cheap attempt to make folks believe they've waived their rights somehow because they walked past a sign. And maybe, just maybe some of them will wait for a period of time longer than the statute of limitations to file a lawsuit.
And that is why it is classless. It is classless because it is (1) not true and (2) has the intended (or unintended) effect of making people think they have agreed to something that they could not agree to. The law does not allow business like Disney to have waivers like this. It is classless because it does not represent a high standard of ownership and leadership in a place that welcomes so many millions of people a year.
You asked me what I would rather, here it is. If you are going to post a sign make it one that educates folks on best practices to stay safe and stop trying to cover your rear end like a go-kart track in west Houston.
EVERYONE knows that: "There is a pandemic, it may spread through the air or on surfaces, and that being in a place like WDW provides a risk of exposure". Why not make that the sign? Not "assume all risks" sheesh.
Honestly, who cares right? I'm not sure I care that much frankly, it just seemed petty and small. I expected better.