Accident on Pirates

[WDW1974]

People are not the smartest. Natural selection and all.

Still, I am glad this happened to an adult and not a child.

During one of my three rides on Pirates in the last week, a boy of about 8 or 9 sitting in the row in front of me had his left hand out and in the water off and on from the load platform all the way to the mermaid on the beach scene. His parents were oblivious. Disney CMs were clearly not monitoring on CCTV. I finally said something to him, but he still persisted until we dropped into down the waterfall.

With the flume very close in places, it would be possible to suffer a serious injury if the boat was weighted a certain way and you had your hand out at a bad time.

People are just stupid.

 

[PhotoDave219]

I'm not saying there aren't a ton of dirt bags within the good ol' USA who wouldn't jump at the chance to sue the Mouse. However, it's probably difficult to do when you don't live in the country, just the logistical nightmares. But do we know that, for example, many French don't sue DLP or the same taking place in Hong Kong, etc...? Again, I'm not saying a huge number of American's haven't sued WDW, but the guest count is heavily weighted by American's.

I'm not sure who sent it but I agree with the person who suggested there will be a settlement, see all that and neither side can speak publicly about it with Disney admitting no fault nor wrongdoing.

 

[DrewmanS]

This guy will unfortunately get settlement money. Cast Members on the ride that say "keep hands inside the vehicle at all times", by law, is not a suitable defense to guard against accidents. In Law, announcing this, makes Disney more liable, showing their awareness to something bad that can happen. Defense Lawyers will argue rails should be on the boats.

Saying "keep hands inside at all times" is comparable to the "beware of dog" sign law. It may be everywhere, but in New York State, if a kid gets bit by a dog, with the owners having that sign posted, it is an instant loss for the owners, plus damages are multiplied. The Beware of dog sign is the worse thing a person could hang up on their property because you are announcing you have an aggressive dog.

Now I know some might argue this, but my Wifey is a lawyer and she said all of this when the story first came out. l

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.

 

[ChrisFL]

Is there any way we can blame this on the new boats? please??

 

[Victor Kelly]

Dawinism in action. If you are told to keep your damn hands INSIDE the boat, do it. Now he can only count to 8 1/2 due to his stupidity.

 

[EpcoTim]

Is there any way we can blame this on the new boats? please??

He was scooping water out of the boat to keep it from going down when he was injured.

 

[seascape]

The guy was hurt. It was an accident. I am sure Disney will do something for him even though he admitted it was his fault. That is after all what Disney always does. Now please leave him alone and let's go onto something more important like company tracking people.

 

[marni1971]

I know this is just a model, but I do believe it is near to scale and those poles are further apart than I believe arms could reach.

found here http://www.spacestation77.com/archive/model/

That's the Disneyland version, but regardless you can't hit a support pole on either. That's one reason you can't move the restraint.

 

[Yensid1974]

really? after all the time they took at 7dmt with the templates to make sure nothing touches, that they wouldnt do that with ALL high-speed rides, so no one has an amputation event, or a decapitiation?

This isn't a new attraction. To retrofit an attraction because people can't follow very, very simple instructions is not reasonable. I think we should let Darwin's theory play out here and let the stupid people take themselves out of the equation.

 

[Mawg]

If this guy really did have his hand resting on the outside of the boat, then it would be his fault and the rumor is he has admitted it was his fault. It does not sound like he was trying to purposely disobey any rules like stick his hands in the water or touch show scenes, he was not trying to be unsafe. It's an unfortunate accident. No litigation from his side is almost shocking this day and age. I know Disney has to do absolutely nothing for this guy and if they do something it might look like an admission of guilt but it would be nice if Disney could say, thanks for being a stand up guy and admitting this was your fault, here's a couple of free tickets or a room upgrade. Maybe they did do this and can't really tell anyone.

 

[montyz81]

http://www.dailymail.co.uk/news/art...aribbean-log-flume-putting-hand-not-been.html

British Media is running the story. I like the fact he is taking responsibility unlike your average American who would be suing for millions.

 

[JohnD]

The ride being closed this whole time would indicate that if true, that there is an investigation going on to explain exactly how it occurred.

Either that or looking for the finger tip.

 

[Pumbas Nakasak]

And thats the thing with Disney theres always someone looking for a tip

 

[JohnD]

If Disney would actually monitor and enforce rider safety policies these accidents wouldn't happen.

They can only do so much. They can't fix stupid.

 

[Ranch Dressing]

Disney won't give this guy a penny. They can't. If they do the next person who gets hurt on their own volition will expect a hand out.

If this guy tries to go to court, Disney will be there with lawyers. Disney very rarely lose injury cases or settle. Linking a handful of cases Disney has lost or settled over almost 60 years would be a silly endeavour.

 

[TimeTrip]

No, they "Envelope test" rides so you can't hit your hands on anything. Here's a pic from SDMT:

View attachment 58731

That certainly wasn't the envelope when they built WDW Space mountain. I'm 6 feet tall, and if I put my hands out and just stretch my shoulder a little extra, I can make contact with the top of the tunnel before the lift, and hit wood (?) panels that are above the track at least 3 times during the course of the ride. I think I can also sometimes make contact with things to the side. There are a few panels that my finger tips will slide along then hit another panel a little lower and slide there.

It certainly is possible to hit parts of the structure on WDW Space.

 

[PhotoDave219]

Wow - cool photo. Is this standard procedure for ride testing?

Yes. It's industry-standard.

 

[NYwdwfan]

Yes. It's industry-standard.

Thanks!

 

[backinaction]

just thinking of what a bio hazard that water must be..ughhh

I know right? What if he had a disease like hepatitis?

 

[Carol53000]

Pirates ride...no problem. Get him a hook and he's good to go. Too soon?