Accident on Pirates

BigTxEars

Well-Known Member
The right money hungry lawyer will find a way to make it a legal issue. Some of them are very good at that.

I don't doubt that I just can not see it ending in a favorable result for this guy in court. Crap put me on the jury and I will shut this thing down QUICK! :)
 

cw1982

Well-Known Member
I don't doubt that I just can not see it ending in a favorable result for this guy in court. Crap put me on the jury and I will shut this thing down QUICK! :)

I agree Disney should not be liable for this, especially if it's true that the man has already stated it was his own fault. But lawyers are very skilled at finding loopholes that make their arguments successful. That's why a lot of companies will automatically settle cases like this one out of court. They save money by not having to tie up members of their legal team in nonsense like this and get less negative publicity than they would if it went to court. Again, I'm not saying I want to see that happen, but I won't be surprised if it does.
 
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The Empress Lilly

Well-Known Member
Why is that more sad than someone from anywhere else? Just curious.
It's more sad because Britons need those two fingers to relay important non-verbal messages.
paranoid.gif
 

The Empress Lilly

Well-Known Member
How many people break the speed limit on their way to WDW? If only just for a bit? Despite there being signs everywhere saying 55 mph?

For their not following rules, do they deserve to be maimed in an accident and mocked about it?
 
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BigTxEars

Well-Known Member
"In the most recent report, Disney reported five guest injuries in the last quarter of 2013.

Three occurred at the Magic Kingdom: a 75-year-old woman who fell and broke her wrist while exiting the Mad Tea Party, a 48-year-old man who felt ill after riding Buzz Lightyear's Space Ranger Spin and a 35-year-old man with a pre-existing condition who felt heart pain before and after riding The Haunted Mansion.

Disney also said a 29-year-old woman felt ill and suffered disorientation and slurred speech after riding Expedition Everest at Disney's Animal Kingdom and a 68-year-old man broke his toe on the outer wall of Castaway Creek in the Typhoon Lagoon water park.

The last time someone was hospitalized after riding the Pirates of the Caribbean ride was in late 2012. That year, a 71-year-old woman experienced dizziness, chest pain and mouth numbness."


From FoxNews

All of these could be 100% guest related injuries IMO. Without details it's hard stop know for sure but the broken toe is the only one that might be on Disney if there was a broken step or something.

I really think if your 75 years old and you ride the teacups and bust your butt when you get off then that is one you.

Heart pain and dizziness is on the person not the ride.

And getting sick on Buzz? Unless the flashing lights got him it was not the ride.
 

BigTxEars

Well-Known Member
How many people break the speed limit on their way to WDW? If only just for a bit? Despite there being signs everywhere saying 55 mph?

For their not following rules, do they deserve to be maimed in an accident and mocked about it?

I don't think folks are mocking him about it, just any possible future lawsuits he might file. I think some (me included) are pretty jaded when it comes to things like these since they often result in silly lawsuits. He could very well be like alot of us would be and say "Im a freaking idiot for doing that" and never file a lawsuit so we very well might jumping on him for nothing.

Anyways it appears it was a finger and a fingertip lost, not just a finger. Not sure if that has been posted yet.
 

AngryEyes

Well-Known Member
How many people break the speed limit on their way to WDW? If only just for a bit? Despite there being signs everywhere saying 55 mph?

For their not following rules, do they deserve to be maimed in an accident and mocked about it?

Deserve is a strong word. Earned, maybe? Reap what you sow? That kind of thing?
 

dadddio

Well-Known Member
How many people break the speed limit on their way to WDW? If only just for a bit? Despite there being signs everywhere saying 55 mph?

For their not following rules, do they deserve to be maimed in an accident and mocked about it?
Are you really asking that if someone is driving at an unsafe speed, should we take note of the resulting accident being their fault? Sure, why not?
 

Goofyernmost

Well-Known Member
How many people break the speed limit on their way to WDW? If only just for a bit? Despite there being signs everywhere saying 55 mph?

For their not following rules, do they deserve to be maimed in an accident and mocked about it?
No one deserves it, but many earn it. It's not the point, the point is if they have an accident and they get injured while not following the safety rules, intentionally or not, it is not someone else's FAULT. It is theirs. I fell down some stairs while carrying stuff in both hands. I did some serious damage to my leg that will stay with me for the rest of my life. Know what? I did that, I did what I thought was a time saver. I carried that stuff all the while feeling that I would be alright. I knew better, but, I ignored my inner warning siren. I have to live with it and when someone asks me what happened, I have to say... "I did something stupid, and now I have to live with it."
 

note2001

Well-Known Member
What's even more creepy is that thy were never able to find his fingers! LOL


They're in a filter or two. Those boat rides are propelled by thousands of gallons of water being pumped in and through the ride. My sister told me the number one rule on IASW was never go in the water. Those pumps are strong.

I wonder if Disney would turn them over. I'd hope they would. But to do so would indicate that the person was indeed injured on the ride, although how remains unknown.
 

stevehousse

Well-Known Member
They're in a filter or two. Those boat rides are propelled by thousands of gallons of water being pumped in and through the ride. My sister told me the number one rule on IASW was never go in the water. Those pumps are strong.

I wonder if Disney would turn them over. I'd hope they would. But to do so would indicate that the person was indeed injured on the ride, although how remains unknown.
Dude put his hand outside the boat and his fingers got wedged between the track guides and boat I believe...there really isn't anything else he could have done to make that happen...
 

Disneyfamily4

Well-Known Member
People can sue for anything, that does not mean their case has merit. Likewise, many companies choose to settle cases even if they are in the 'right' to avoid publicity or a sympathetic jury setting a precedent. The law is filled with grey areas like "reasonable precautions". I think with millions of people riding POTC and this being the first known incident of fingers being amputated, that most layers would be able to argue that Disney has taken all reasonable precautions. There is also likely video of the actual event that could indicate unsafe actions by the guest. The law does not require companies to protect all people from their own stupidity, but only take those precautions to minimize risk associated with reasonable behavior. In civil cases, juries can assign comparative negligence and split liability (i.e. the person is 75% at fault, but Disney is 25%). So the question becomes how negligent is the behavior of the guest If they were warned to keep their hands in the boat and they knowing did not comply.

In you dog bites child example, If you post a sign but have the dog on a long rope and children can walk within striking distance, yes you open yourself up to liability because you were aware of a dangerous situation but did not take reasonable precautions. However, if you have a 6 foot high security fence with a posted sign and a teenager enters your back yard, then you likely will not be liable because you took reasonable precautions and provided a fair warning. The dog, however, may still be destroyed for attacking a human.



My wife has said it for years while going to Disney, that the announcement Cast Members make about keeping hands inside the vehicle, is not a suitable safe guard to prevent an accident. This guy could say that while loading into the vehicle, there were a number of distractions that prevented him from hearing the announcement, such as a kid crying, Brazilian tour group chanting, etc.

If it did go to trial, Disney would have to prove that they did all they can do prevent an accident from happening and the announcement of keeping hands inside the vehicle is not all they could have done. Putting Rails on the boats would be the most they could have done to prevent an injury.

On an off topic side note, speaking of Dog Bites. My wife prosecuted a man who had a dog and a sign that said "beware of dog". Two neighborhood kids, uninvited and basically trespassing, hopped a fence to run through peoples backyards and were bitten by this guys dog. The owner lost 50,000 to each kid for the bites. The guy had to prove he did all he could do to prevent an attack from his dog and the judge said Barb-wired fencing is the most he could have done. In Disney's case, the same thing applies, they have to prove they did all they can do to prevent an injury.
 

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