Accident on Pirates

[LithiumBill]

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.

Isn't there a sign inside the boat with pictures saying keep you hands inside? Or am i remembering wrong?

 

[Disneyfamily4]

Isn't there a sign inside the boat with pictures saying keep you hands inside? Or am i remembering wrong?

Good question, I don't know. Even if there was, a judge would probably rule, more could have been done.

In the dog bite case, I was amazed that two trespassers won, based on the judge saying Barb Wired fencing is the most he could have done to prevent an attack. Lets face it, how many barb wired fences have we seen in nice residential areas. So if that is the expectation to prevent dog bites, then rails would be the expectation to prevent injuries on a boat attraction.

 

[BoarderPhreak]

That's it. Next time I'm on PoTC I'm totally looking for those fingers. Like a hidden Mickey or something.

 

[Pumbas Nakasak]

That's it. Next time I'm on PoTC I'm totally looking for those fingers. Like a hidden Mickey or something.

too late theyve already been served at Caseys

 

[JIMINYCR]

Isn't there a sign inside the boat with pictures saying keep you hands inside? Or am i remembering wrong?

DUHHH what sign??? OH I cant read. Its not in my language. It was too dark to see. Lots of excuses there.
Unfortunately the only way Disney could avoid accidents caused by idiot guests who dont keep their extremeties inside the car would be to rebuild all their ride cars so they sit too high for anyones arms to reach the tracks and enclose the guests in wire cages with mesh thats too small for fingers to pass through. Now wouldnt that enhance our Disney experience ???

 

[Disneydreamer23]

the last time I was on pirates a little girl had her WHOLE arm in the water I thought for sure she was a goner, her mother said nothing .

 

[Roakor]

....
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.

Sadly there is nothing you can do to prevent stupidity.

 

[Prince-1]

I literally died from fear on TOT and I was holding on tight, it nearly totally spoiled the holiday

I don't think you literally died from TOT...if you did then Heaven (or Hell??) has some great WiFi!!

 

[WildcatDen]

Sadly there is nothing you can do to prevent stupidity.

Quoted for truth. Stoopid is as does stoopid

 

[BigTxEars]

This is a pretty minor injury, I can't see it resulting in any changes at WDW. I certainly hope it does not.

 

[Pumbas Nakasak]

I don't think you literally died from TOT...if you did then Heaven (or Hell??) has some great WiFi!!

 

[Prince-1]

Just making sure you are still alive and kicking!!

 

[Pumbas Nakasak]

Just making sure you are still alive and kicking!!

still above ground, dont let the smell fool you.

 

[Empress Room]

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.

This is not the legal standard in either case. If Disney is sued on the POTC issue, it would not have to "prove that it did all it could do to prevent he accident from happening." The burden of proof would be on the plaintiff (he of 8 1/2 fingers) as it is in all civil cases alleging negligence or a design defect. Having said that, the fact that Disney closed the ride to perform a safety inspection, concluded that the ride was in proper working order and re-opened it only five hours later confirms to me that Disney feels very strongly about its conduct and duty it owed to the victim in this case. (In other words, there is likely photographic evidence showing that the victim was engaged in horseplay, mayhem or contributory negligent conduct.)

As an aside to the dog-bite case, dog bite statutes throughout the country are a bit unique state-to-state. Some states are strict liability, meaning that if your dog bites another, no matter if the person is a trespasser or not, the dog owner is liable. Other states adopt a "one bite rule," meaning that if the dog has a history of biting in the past, liability will attach to any subsequent incident (the first bite is free, so to speak!). My guess is that your wife's case involved the former, not the latter.

 

[BoarderPhreak]

The guy was heard by witnesses and quoted by numerous sources, saying it was "his fault entirely." This won't help him in court one bit, should he decide to sue...

 

[Hula Popper]

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.

Sounds like you are confusing Florida law with California law. Florida has a reasonableness standard of care for amusement park operators. California has an "utmost standard of care" for amusement park operators because a California court ruled that amusement parks are common carriers because roller coasters and no different than trains, buses, and planes . . .

 

[dadddio]

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.

Not being a lawyer, I have to wonder what 'all they could do' legally means if it is, indeed, an actual legal standard that would be used. After all, the most they could do to avoid injuries is shut the theme parks down and build a tall fence around the entire property. There must be somewhere between 'doing nothing to prevent injury' and ceasing operations that the courts would find sufficient. It seems to me that multiple signs and repeated CM warnings should meet this standard.

 

[Disneyfamily4]

Not being a lawyer, I have to wonder what 'all they could do' legally means if it is, indeed, an actual legal standard that would be used. After all, the most they could do to avoid injuries is shut the theme parks down and build a tall fence around the entire property. There must be somewhere between 'doing nothing to prevent injury' and ceasing operations that the courts would find sufficient. It seems to me that multiple signs and repeated CM warnings should meet this standard.

I am not a lawyer and I am pretty much just passing on what my wife says. She has been one for over 20-years in NY and she has always talked about that announcement of "keep hands inside vehicles". Saying it will never ever hold up in court.

She always said, the signs about keeping hands in vehicle and the announcement that are made, are not protection. That it pretty much is more of an acknowledgment on Disney's part, of potential danger.

I know a lot of the key board lawyers on here think they know it all, but my wife is certain, this guy will get a check (or already has) to avoid court, and none of us will ever know. The only thing that exempts Disney from a lawsuit is an act of god, such as what we saw on the monorail. If anyone would have gotten hurt on the mono rail , Disney is not liable. They had no way to prevent it. For the POTC case, rails, that are on several other vehicles throughout the theme parks, would have prevented the accident. Again I know the Disney Deity/Keyboard Lawyers will disagree.

 

[shakes20]

Back to issue of clearance, I helped design the "Journey to Atlantis" ride for Sea World. They had a template to put on every piece of drafting showing the ride path. It was hilarious, showed a figure reaching up, leaning off the side of the ride vehicle, and one in between for every seat. They also had a rule about things like the size of openings in the railings that guests could reach. It either needed to be small enough that only something smaller than a tennis ball or bigger than volleyball. Apparently that was the standard to make sure little kids couldn't get their heads caught in them.

 

[dadddio]

I am not a lawyer and I am pretty much just passing on what my wife says. She has been one for over 20-years in NY and she has always talked about that announcement of "keep hands inside vehicles". Saying it will never ever hold up in court.

She always said, the signs about keeping hands in vehicle and the announcement that are made, are not protection. That it pretty much is more of an acknowledgment on Disney's part, of potential danger.

I know a lot of the key board lawyers on here think they know it all, but my wife is certain, this guy will get a check (or already has) to avoid court, and none of us will ever know. The only thing that exempts Disney from a lawsuit is an act of god, such as what we saw on the monorail. If anyone would have gotten hurt on the mono rail , Disney is not liable. They had no way to prevent it. For the POTC case, rails, that are on several other vehicles throughout the theme parks, would have prevented the accident. Again I know the Disney Deity/Keyboard Lawyers will disagree.

It might do for us all to remember that even lawyers do not determine judgements. Only judges and juries who are in the jurisdiction and actually hear the case do.