PhotoDave219
Well-Known Member
It's from the Florida Highway Patrol.
I'm sure if they read it, they just view it as ammunition for litigation. It's quite damming.
-
Welcome to the WDWMAGIC.COM Forums!
Please take a look around, and feel free to sign up and join the community.
Death at Driving Experience
- Thread starter rangerbob
- Start date
It's from the Florida Highway Patrol.
I'm sure if they read it, they just view it as ammunition for litigation. It's quite damming.
janoimagine
Well-Known Member
I wonder what Executives Watson was referring to in the interview.
DisneyCane
Well-Known Member
It depends on whether or not there was negligence and also on state laws. In your skydiving example, if the main chute failed but the backup chute was fully functional and you didn't do what you were supposed to in order to deploy it (I've never done skydiving so I don't know if this is automatic or not) then they won't be liable because you accepted the risks of the activity. However, if the entire backpack rips off because the straps were half cut through, then they will be liable no matter what you signed because they were negligent.
For the driving experiences, if you sign the waiver (you have to) and get seriously injured because you crashed into the wall they won't be liable because crashing is an inherent risk to the sport. However, if the injuries are due to the 5 point harness failing during the crash or having not been properly checked before you started then they will be liable.
I know from skiing in Colorado that there are state laws that make it so that you can't hold a ski resort liable for anything. If you ski into a lift support pole, you can't say that it shouldn't have been there or there wasn't adequate warning. By state law you accept all risk when you decide to ski.
In this particular case, Petty Holdings (and possibly Disney because of our ridiculous legal system) will certainly be liable for the death. With an employee there aren't any waivers anyway but if it was the guest that was killed, there would definitely be liability because they were negligent in the use of the track in the wrong direction. However, if the driver tried to sue over his injuries (if he had any), he'd be unlikely to win because crashing was an inherent risk of the activity and he signed a waiver. The driver would have to prove that running the wrong way made it more likely to lose control or that somehow his injuries were caused by the guard rail impaling the instructor.
Of course, no matter what is signed, anybody can always file suit about anything. The waiver would be used as a defense. Due to the cost of fighting suits, it is likely that a company (or, more correctly, their insurance company) will settle because it will be cheaper than going to court and fighting for 5 years.
PhotoDave219
Well-Known Member
Correct - the waiver doesn't come into play here; the deceased was an employee. OSHA is involved, among other agencies.
There's a chance this never sees the inside of a courtroom once all the reports come out. There's a better than average chance that a settlement happens and it just goes away.
janoimagine
Well-Known Member
Interesting you bring this up because we had an incident at Teppam Edo last year with my wife being served food she was allergic too even after going over the allergy with the chef and the manager on duty. After the fact, when we contacted guest relations regarding the incident, after a little back and forth, they eventually passed it off to Mitsukoshi.
NelsonRD
Well-Known Member
That is basically what I said, in more words. I am just suggesting these are useless. I think it is humorous - I have seen waivers that even print "I will not sue...". I am just wondering if this is a strong arm technique to those who do not know better? My argument has always focused on their liability. Obviously, if I do something to cause injury to myself, the waiver wouldn't matter there either. So if they are liable, I cannot see a court dismissing a case because you signed some waiver.
Last edited:
DisneyCane
Well-Known Member
The "I will not sue..." type statements are really stupid and I almost wonder if they were even written by a lawyer. Nothing you sign can give up your civil rights which is essentially what that would be. The waiver can make you agree to which state laws will apply and what venue litigation will take place in. You are certainly correct that no court would ever dismiss a case because some waiver was signed.
What the waivers can do is protect a company in the event that the inherent risks of the activity cause injury or death. If you go on a rafting trip, you will sign a waiver. If the company provides a life vest that is fitted to you properly and you fall out of the raft and break your leg hitting a rock, they will not be liable. If you hadn't signed the waiver, they might be. On the other hand, if they didn't provide and ensure the fit of the life vest and you fall out and drown then they will be liable no matter what you signed.
Therefore, they aren't completely useless. The other thing they are meant to do is scare you into paying attention and following the rules. By reading all of the "this activity might kill you" statements, you are going to be more likely to do what the instructors/guides tell you to do.
roj2323
Well-Known Member
They literally had the three machines walking counter clockwise around the track. The first was breaking up the concrete, the second was pulling out large chunks and the third was breaking up the chunks into smaller pieces. Additionally the entire asphalt track is gone. One things for sure, they are in a heck of a hurry. I was only in the park for 3 hours and they had moved probably 300ft in that time.
dstrawn9889
Well-Known Member
with the right tools...
Nick Wilde
Well-Known Member
What are they replacing it with again? I'm just curious as to why they are moving so fast.
ULPO46
Well-Known Member
Parking spaces. The parking gets full by 2 p.m. on average now days.
Nick Wilde
Well-Known Member
For MK right? That would make sense that they want to build it as soon as possible, if that's the case.
ULPO46
Well-Known Member
Yes. But I've been wondering if they want to do stack parking on that section more as a test to see if they can handle more vehicles. The odd part is then this would mean peak days could have well over 100k guest as they close the MK for capacity judging by how many vehicles are in the lot.
Nick Wilde
Well-Known Member
That sounds insane. It's hard to even comprehend 100,000 people.
ULPO46
Well-Known Member
This summer averaged 60-75K alone. There were days that MK hit 100k+ Epcot regularly has about 90-100K during food and wine
Nick Wilde
Well-Known Member
Wow. I'm glad I can go whenever I want, and don't have to deal with huge crowds like that.
DisneyCane
Well-Known Member
I was there a couple of weeks back on a pretty crowded Friday and the MK lot was not full. I arrived a little after 1PM and left around 5PM and it wasn't full (or that close to full). On very busy days I'm sure that is true but not on average days or above average.
How do they count when somebody enters, leaves and enters again. Do they count as 1 person or 2 people in the attendance number for the day? I assume the numbers you quoted are total entrances for the day and do not indicate a peak at any one time.
ULPO46
Well-Known Member
The time I was quoting as may until about August 9. The data is tracked by magic bands/ turnstile count. The parking lot also is a factor the average 4 door sedan is counted as four persons. Vans ect. get an increased number. TWDC neer releases exact data but I can promise you that we have seen the busiest year to date and it's not over yet. Even though many nations are in recession, including infamous Brazil, the parks are packed with both foreign and domestic visitors. exact data wont be completed until the beginning of next year. But do note, when you hear the records for attendance, those are based off of estimates or near rounded numbers. The exacts of which are classified corporate information. But as many people have noticed, as well as the local media, Orlando has seen a massive influx of tourist. It's no wonder why so many people want to move down here to jobs in the industry. Its growing 10 times faster than las Vegas.