Disney World Lawsuit

[llrain]

Ironic that you "can't stand lawyers" for being money hungry and you had an in-law that fraudulently sued a hotel for slipping in the parking lot. Attorney's only represent their client's claims. Granted there are some scrupulous attorneys out there. Then again, you did nothing to come forward about your in-law, making you just as culpable.

How do you know I did nothing, just because i did not say I tried to intervene here.
I actually tried to make it known annonymously to the hotel itsself what she was up to, to no avail. Believe me I tried.
How is it ironic? I have nothing to do with what she did. I didnt encourage her or coach her to speak to a lawyer just cause I hate them.

Personally I could have done a lawsuit as well but I took it as an accident.
Was at the movies with my then 7 year old niese and on some tile was un marked
spill of some kind, she was walking on the tile and slipped, fell backward and really hit her head. After some Ice and some Bayer she was ok, took a little bit but she was.
I could have sued the crap out of National Amusements, but I'm not a rotten person like half this country is now. By not suing it makes me feel better than I am a decent and honest person.
I told management about the accident and told them to train safety a bit better.

 

[828tnt]

one other point about the cheese, although i'm not familiar with the ewxact brand used in the parks, but it tends to be something that stays in a semi-solid form until it's over 160 degrees.

back in my high school- fast food days, i worked with it once. it's like trying to get play dough into liquid form lol.

 

[828tnt]

:brick: Why would you let a 4 year old NEAR the nacho cheese? That's parental stupidity...

as difficult a amusement park situations can be with small children, i tend to agree here, assuming it wasn't simply dropped on them by a castmember or something careless. i believe the parents need to share some responsibility in all of this.

to me the word "MELTED" needs to mean something. even if the wording is just cheese sauce, the word sauce implies a certain temp.

jmo:wave:

 

[828tnt]

Not to my knowledge. And the same unscrupulous people have FAILED to put a "do not eat" tag on the mattresses . What is the world comming to....

lol! excellent point! some may have thought the "do not swim" signs near places gators occasionally pop up are just nice decor too. i guess disney needs to be more specific...

to chime in on the state of some law suits in todays world, i have a friend who's suing a car wash. we live in the northeast, it's winter, there's water at a car wash. he stepped out of his car and fell on slippery concrete in below freezing temperatures. karma will be wonderful when it rears it's head....

 

[smk]

How do you know I did nothing, just because i did not say I tried to intervene here.
I actually tried to make it known annonymously to the hotel itsself what she was up to, to no avail. Believe me I tried.
How is it ironic? I have nothing to do with what she did. I didnt encourage her or coach her to speak to a lawyer just cause I hate them.

Personally I could have done a lawsuit as well but I took it as an accident.
Was at the movies with my then 7 year old niese and on some tile was un marked
spill of some kind, she was walking on the tile and slipped, fell backward and really hit her head. After some Ice and some Bayer she was ok, took a little bit but she was.
I could have sued the crap out of National Amusements, but I'm not a rotten person like half this country is now. By not suing it makes me feel better than I am a decent and honest person.
I told management about the accident and told them to train safety a bit better.

I don't think you could sue because your niece is not your child. Her parents could have sued for their childs injury, but I am not an lawyer so I don't know that for a fact.

When a child is injured as a result of someone/something not being properly attended to despite a family members best interest and attention to that child, I think it is right to sue. No one knows the details of this case. Was the child acting, well, like a child, and didn't have the knowledge or forethought to know the cheese could be too hot? A four year old, left to their own devices would not know that fact and would be in need of an adult supervising them. Wonder where they were?

 

[rustysgirl]

here's a link to another article about it with a little more info & pic of the child. says he spilled it on himself while eating.

http://www.cbsnews.com/8301-504083_162-20031531-504083.html

 

[Scuttle]

:brick: Why would you let a 4 year old NEAR the nacho cheese? That's parental stupidity...

That's exactlly right. Why is it never the parents fault. They should have been paying attention. Idiots.

 

[Bravo 229]

If the ride has to be evacuated and there is a handicapped or wheelchair on the ride, Operations CM's are not allowed to help them. They need to call Reedy Creek or at DLR they need to call the paramedics. They are the only ones qualified to help the disabled off the ride when not on the load/unload platform.

There goes most of his suit right there!

 

[DisneyJoe]

The story states that the CM's didn't call anyone for assistance.

"He alleges Disney employees did not summon paramedics when his blood-pressure spiked while he was trapped on the ride."

 

[Aragorn]

it probably was not even at Disney that this happened. She probably had an accident at home or did this on purpose to her kid for money after a trip and thought of something that Disney wouldn't be able to defend against.
People are so **** desperate for money its not funny anymore.
And they are sueing for suffering "emotional distress" from witnessing his agony.

Gimme a friggin break. This is why I can't stand lawyers. Nothing but money hungry animals willing to sue for anything brought into their offices.

^This

 

[juniorthomas]

One of the great things of being American is having the freedom to sue. Another one of the great things of being American is that our justice system involves us to help determine the outcome of those lawsuits.

If you don't like the outcome, make up for it in jury duty. Hopefully your other countrymen will do the same.

If that cheese was served at a high temperature without a warning label, past precedent (Liebeck v. McDonald's Restaurants) shows that his claim will be upheld and they'll likely win damages.

 

[BrytEydBelle]

Great....now I can see them serving lukewarm cheese in an attempt to avoid lawsuits like this. Stupid people. I hate lukewarm cheese.

 

[juniorthomas]

Great....now I can see them serving lukewarm cheese in an attempt to avoid lawsuits like this. Stupid people. I hate lukewarm cheese.

It may still be hot. You'll just be more likely to see giant warning labels and special cardboard nacho cheese sleeves.

 

[Master Yoda]

It may still be hot. You'll just be more likely to see giant warning labels and special cardboard nacho cheese sleeves.

I'll get that cheese for you sir.

 

[PolynesianPrincess]

This world is filled with far too many sue happy people. No one can ever accept that things are ACCIDENT.. they always have to blame someone else. If the cheese was that hot, how come NO ONE else at all that day experienced anything like this? Maybe because they were careful and checked the food before eating and/or giving it to their children.

My best friends father owned one of the biggest cab companies in our area in high school and one day he was driving a woman and without warning she opened the door to get out while the car was still moving. The cab ran over her foot and she sued and won. Because she got out of a MOVING VEHICLE and got her foot run over, my friends father lost the whole cab company. Their whole way of earning an income was completely gone all because of someone elses stupidity. People who cant take responsibilities for their own actions make me sick...

 

[pax_65]

If the child choked on a chicken nugget, would Disney be liable because it didn't have a sign saying WARNING: POTENTIAL CHOKING HAZARD! ?

The greatest responsibility in this case lies with the parents. 4-year-olds must be supervised when eating. When my kids were that age, I always checked the temperature of the food before giving it to them. Even now that they're a bit older, I still warn them "Watch out, the soup might be hot!"

Perhaps the cheese was hotter than is normally served, in which case you could argue that Disney shares a little responsibility. So maybe Disney can help with this poor kids medical bills.

But punitive damages? Nah... the only one who should pay punitive damages are the parents.

 

[roadtripper]

I worked at Sesame Place years and years ago. There was a lawsuit brought up about 5 years after an event happened in which a child injured his ankle while jumping into a ballpit. I simply escorted his family and the kid(he had already been treated for the injury and was in a wheelchair) to a show and let them in the handicapped entrance. I was named in the lawsuit as well as several other CM's and Sesame Place. The father stated that due to the injury his child's future basketball career had been ruined. I'm not kidding. This went to court in Philadelphia and I had to testify. The father did not win but lawyers will back anything and some parents will say anything to make money.

 

[juniorthomas]

I'll get that cheese for you sir.

YES.

Where is that LIKE button when you need it?!?

 

[heliumalias]

I just wanted to make a few observations...

1) The family apparently dined in Cosmic Rays and ate Nachos in March 2010 (According to the CBS News article). I was looking at the menus on this site and couldn't actually see that CR serves Nachos (although the same cheese is presumably used on the Chilli Cheese Fries).

2) Supposing Nachos WAS on the CR menu I have never seen them located on the Kid's Menu. The article quotes the lawyer as saying "I think the parents, like the child, like any reasonable person, would have an expectation of food being served to children would be served at a reasonable temperature," How would any food preparer know that an item was being served to a child unless it's on the Kid's Menu?

3) A lot of people have made the comment about melted cheese obviously being hot. I just want to give an example of hot food prep that would exonerate the consumer of blame. In Starbucks they heat milk to a very high temperature for use in their drinks (lattes, cappuccinos, etc). The temperature gauges that are used usually have a zone marked on them that shows what temperature the milk needs to be in order to be served. No matter what temperature you ask for the drink to be they MUST serve it within this zone. (Typically the middle of it is the ideal temperature and the highest point in the zone is used when a customers requests their drink to be extra hot). Suppose, for whatever reason the preparer heats the milk in excess of this zone and serves it to you. Now obviously you are expecting the drink to be hot but you wouldn't be expecting it to be THAT hot and there's no way you could have foreseen that it would have been excessively hot.

4) I'm not 100% sure of the US medical and legal systems but if I or a member of my family seriously burned themselves my priority would be for their care and treatment until either there condition had improved or money needed for their treatment became an issue. If the child has been needing treatment this could possibly account for some of the delay as could acquiring a lawyer and building a case.


I have no idea what happened that day but I know how seriously Disney takes safety and I would imagine that if something had gone wrong on their side that it was more of an unfortunate accident rather than negligence. Depending on exact circumstances I can see arguments for and against the case. I hate the suing culture that has developed and most of it usually seems excessive and unnecessary but there are cases that are legit and it's difficult to tell in this case.

Has anyone had nachos at Cosmic Rays in the last 12 months?

 

[Master Yoda]

I just wanted to make a few observations...

1) The family apparently dined in Cosmic Rays and ate Nachos in March 2010 (According to the CBS News article). I was looking at the menus on this site and couldn't actually see that CR serves Nachos (although the same cheese is presumably used on the Chilli Cheese Fries).

2) Supposing Nachos WAS on the CR menu I have never seen them located on the Kid's Menu. The article quotes the lawyer as saying "I think the parents, like the child, like any reasonable person, would have an expectation of food being served to children would be served at a reasonable temperature," How would any food preparer know that an item was being served to a child unless it's on the Kid's Menu?

3) A lot of people have made the comment about melted cheese obviously being hot. I just want to give an example of hot food prep that would exonerate the consumer of blame. In Starbucks they heat milk to a very high temperature for use in their drinks (lattes, cappuccinos, etc). The temperature gauges that are used usually have a zone marked on them that shows what temperature the milk needs to be in order to be served. No matter what temperature you ask for the drink to be they MUST serve it within this zone. (Typically the middle of it is the ideal temperature and the highest point in the zone is used when a customers requests their drink to be extra hot). Suppose, for whatever reason the preparer heats the milk in excess of this zone and serves it to you. Now obviously you are expecting the drink to be hot but you wouldn't be expecting it to be THAT hot and there's no way you could have foreseen that it would have been excessively hot.

4) I'm not 100% sure of the US medical and legal systems but if I or a member of my family seriously burned themselves my priority would be for their care and treatment until either there condition had improved or money needed for their treatment became an issue. If the child has been needing treatment this could possibly account for some of the delay as could acquiring a lawyer and building a case.


I have no idea what happened that day but I know how seriously Disney takes safety and I would imagine that if something had gone wrong on their side that it was more of an unfortunate accident rather than negligence. Depending on exact circumstances I can see arguments for and against the case. I hate the suing culture that has developed and most of it usually seems excessive and unnecessary but there are cases that are legit and it's difficult to tell in this case.

Has anyone had nachos at Cosmic Rays in the last 12 months?

This is exactly what happened in the infamous McDonald's coffee case. It was actually in their operations manual to serve coffee at 180-190 degrees. At the time of the case they had over 700 instances of injury where a medical claim had been paid due to a severe burn. They had also been repeatedly warned that this was far too high of a temp to serve food. Because of this it was very easy to prove negligence on the part of McDonald's.

In this particular case, like you, I think that there was some sort of mechanical failure or simply a mistake on the part of a cast member and not an ongoing problem.

Both Pecos Bills and Cosmic Rays has nacho cheese on the condiment bar.