Yep. I think the big difference between the Disney incident and this one is the lawyer. I would not doubt that the Disney family also hired a lawyer, but he/she apparently wasn't an "ambulance chaser" like the guy the
RCCL family hired. It seems that things with the Disney incident were handled reasonably and largely behind closed doors. I tend to think this was due more to the lawyer and the family than to Disney. Disney was actually very lucky in that regard. If the Disney family had hired this RCCL family lawyer, or some of the guys who advertise around here on billboards, it likely would have been much different.
Which also makes me wonder if the cruise line is in a sort of legal limbo over performing any mitigation because of the lawsuit. Let's say they decided to put up some more signs along the rail. I'm pretty sure the family's lawyer would argue that doing so proves they were negligent in the first place. I'm not a lawyer, just thinking out loud.
I will also add that I think Disney was arguably more negligent by not having more signs (I think they had some "No Swimming" signs but no "Danger Alligators" signs before the incident). Visitors to Florida could reasonably not be expected to know about the dangers of alligators. While with RCCL, any reasonable person should know not to put a toddler on a railing. I'm not trying to slam the grandfather, but his actions, as many have reported them, certainly seem negligent.