Alaskan woman files $3 million lawsuit alleging Space Mountain injury at Disneyland - OCR/SCNG

[Darkbeer1]

Disney sued for $3 million by Space Mountain rider who alleges malfunction led to injury

The complaint alleges the woman ‘violently struck’ her head against a low concrete ceiling after the coaster malfunctioned and the ride was diverted into a dimly lit maintenance tunnel.

www.ocregister.com

>>An Alaska woman has sued the Walt Disney Co. seeking $3 million in California federal court, alleging she suffered a head injury while exiting the Space Mountain roller coaster at Disneyland.

Sarah Andrews alleges in a complaint filed on Friday that she “violently struck” her head against a low concrete ceiling after the coaster malfunctioned and the ride was diverted into a dimly lit maintenance tunnel.

While riders were exiting, a Disneyland attendant instructed them to look down and watch their step but failed to warn riders about the low ceiling, the complaint said.

Andrews felt disoriented and dazed after striking her head while exiting the ride on Dec. 16, 2017, according to the lawsuit. She left the Anaheim theme park with severe pain and returned to her hotel room. Andrews later went to the emergency room and was diagnosed with a concussion. She was eventually diagnosed with traumatic brain injury and permanent impairment requiring extensive continuing treatment, according to the complaint.

Sarah Andrews and her husband, Ryan Andrews, seek $3 million in damages for medical expenses and lost earning capacity.<<

 

[Darkbeer1]

Based on what I read, and having been sent to the left (Overweight car) before, I am surprised that Disney didn't do a settlement with a non-disclosure agreement.

If this goes to a jury, and photos show the low ceiling in the maintenance bay (Fluffyland), and the amount of medical issues she has, well, a large check could be the verdict......

 

[Stripes]

Disney sued for $3 million by Space Mountain rider who alleges malfunction led to injury

The complaint alleges the woman ‘violently struck’ her head against a low concrete ceiling after the coaster malfunctioned and the ride was diverted into a dimly lit maintenance tunnel.

www.ocregister.com

>>An Alaska woman has sued the Walt Disney Co. seeking $3 million in California federal court, alleging she suffered a head injury while exiting the Space Mountain roller coaster at Disneyland.

Sarah Andrews alleges in a complaint filed on Friday that she “violently struck” her head against a low concrete ceiling after the coaster malfunctioned and the ride was diverted into a dimly lit maintenance tunnel.

While riders were exiting, a Disneyland attendant instructed them to look down and watch their step but failed to warn riders about the low ceiling, the complaint said.

Andrews felt disoriented and dazed after striking her head while exiting the ride on Dec. 16, 2017, according to the lawsuit. She left the Anaheim theme park with severe pain and returned to her hotel room. Andrews later went to the emergency room and was diagnosed with a concussion. She was eventually diagnosed with traumatic brain injury and permanent impairment requiring extensive continuing treatment, according to the complaint.

Sarah Andrews and her husband, Ryan Andrews, seek $3 million in damages for medical expenses and lost earning capacity.<<

Well, $3 million is chump change for Disney. Literally a rounding error. But honestly, when does the fault rest on the plaintiff? The extremely litigious culture gets tiresome sometimes. People sue for everything these days. Oh, I tripped over an unmarked crack in the pavement? Pay me $10 million.

 

[Darkbeer1]

Well, $3 million is chump change for Disney. Literally a rounding error. But honestly, when does the fault rest on the plaintiff? The extremely litigious culture gets tiresome sometimes. People sue for everything these days. Oh, I tripped over an unmarked crack in the pavement? Pay me $10 million.

I don't have all the facts, but if she hit her head on the low ceiling, and the jury deems that the victim wasn't given proper warnings signage and verbal, Disney is at fault. While not a normal area of guests, they are sent there when the ride system computer rejects the vehicle to go up the lift hill (Make the left turn). So it is a public area.

Now if she jumped up and hit her head, that would be unexpected. Does Disney have recorded video of the incident?

Disney is known to fight lawsuits that are frivolous, but usually pays off when they are in the wrong, to protect their image and keep it out of the news.

 

[SSG]

In order to recover damages in a personal injury case in California, a plaintiff generally needs to prove three things:

That the defendant owed the plaintiff a duty of care;
That the defendant breached such duty through negligence; and
That the defendant's negligence was a substantial factor in causing the harm

One is negligent when he or she fails to act the way a reasonably careful person would in the same situation.

Under California's “premises liability” laws, property owners have a duty of care to keep their property in a reasonably safe condition. This “duty of care” obligates people who own, possess, or control property to exercise reasonable care to:

Maintain their property;
Inspect the property;
Repair any potentially dangerous conditions; and/or
Give adequate warning of any dangerous condition(s).

Here Disney owns the property and the ride vehicles, so Disney owed a duty of care.

The allegation is Disney's malfuncting ride was diverted to a non-public area, which had a low ceiling, contained no warning signs, and was dimly lit. Plaintiff was told to exit the vehicle by Disney employees, but was not warned about the low ceiling. In fact, Plaintiff was specifically told by Disney employees to look down, away from the dangerous condition of the low ceiling.

Plaintiff has to prove all these things.

 

[Model3 McQueen]

Oh wow.. she may have a case. 3 million dollars worth however I don't know.

 

[SSG]

Oh wow.. she may have a case. 3 million dollars worth however I don't know.

It depends on her damages. This can be medical costs (now and what's likely later); lost wages (can she work?); pain and suffering (does she get dizzy, have headaches or blurred vision?). As Plaintiff she also has to prove these things.

 

[westie]

In order to recover damages in a personal injury case in California, a plaintiff generally needs to prove three things:

That the defendant owed the plaintiff a duty of care;
That the defendant breached such duty through negligence; and
That the defendant's negligence was a substantial factor in causing the harm

One is negligent when he or she fails to act the way a reasonably careful person would in the same situation.

Under California's “premises liability” laws, property owners have a duty of care to keep their property in a reasonably safe condition. This “duty of care” obligates people who own, possess, or control property to exercise reasonable care to:

Maintain their property;
Inspect the property;
Repair any potentially dangerous conditions; and/or
Give adequate warning of any dangerous condition(s).

Here Disney owns the property and the ride vehicles, so Disney owed a duty of care.

The allegation is Disney's malfuncting ride was diverted to a non-public area, which had a low ceiling, contained no warning signs, and was dimly lit. Plaintiff was told to exit the vehicle by Disney employees, but was not warned about the low ceiling. In fact, Plaintiff was specifically told by Disney employees to look down, away from the dangerous condition of the low ceiling.

Plaintiff has to prove all these things.

Looks like we got a law school student on our hands doing some 'splaining. I truly wonder how many law suits DLR does in a year?

 

[Darkbeer1]

Looks like we got a law school student on our hands doing some 'splaining. I truly wonder how many law suits DLR does in a year?

A lot in Parks and Resorts. The Cruise Ship ones tend to be easy to defend, as the ship is actually part of a Foreign Country (The Bahamas).

Plus plenty from Parks, many are settled out of court, some are told, take us to court if you want, we feel we are in the right, and if you sue, we will sue back for our legal costs due to being Frivolous. Many don't go to court for that reason.

Since Disney's goal is to keep the info private, you will never know how many are settled out of court. You could find out the number of court cases through public records, but the amount isn't that high.

 

[shambolicdefending]

Plaintiff has to prove all these things.

Since this is a civil case, is there a less stringent standard of "proof" than in a criminal prosecution?

Is it the type of deal where Disney can be found to have 25% fault (for example), and be ruled liable for a corresponding amount?

 

[Darkbeer1]

Since this is a civil case, is there a less stringent standard of "proof" than in a criminal prosecution?

Is it the type of deal where Disney can be found to have 25% fault (for example), and be ruled liable for a corresponding amount?

Yes, in a crime, yhou must prove the persion did it.

In a civil case, if the scales of justice are anything over 50%, you can find the person guilty.

 

[ObscurityPoint]

I think this Alaskan woman is just a jealous Disaster Transport fan....(somebody please understand this reference)

 

[SSG]

Since this is a civil case, is there a less stringent standard of "proof" than in a criminal prosecution?

Is it the type of deal where Disney can be found to have 25% fault (for example), and be ruled liable for a corresponding amount?

The criminal burden of proof is beyond a reasonable doubt; in civil cases it's a preponderance of evidence. And, yes, California has comparative fault, which can reduce what a defendant has to pay if the plaintiff is found to also be at fault for the accident.

 

[lazyboy97o]

This should be rather easy to figure out with a tape measure. Ceilings along a means of egress must be a minimum of 7'-6" above the finished floor with protrusions allowing a reduction down to 6'-8" clear (a standard residential door). Having to duck along a means of egress is a problem for Disney.

 

[Darkbeer1]

I think this Alaskan woman is just a jealous Disaster Transport fan....(somebody please understand this reference)

O hi o, I don't get it.....

 

[TP2000]

This should be rather easy to figure out with a tape measure. Ceilings along a means of egress must be a minimum of 7'-6" above the finished floor with protrusions allowing a reduction down to 6'-8" clear (a standard residential door). Having to duck along a means of egress is a problem for Disney.

Great point. If those measurements aren't up to code, then there's a problem.

But if they are up to code, this is yet another example of white trash who hire an ambulance chasing lawyer to go after the deep pockets of Dizzyland.

And before any snowflake Millennial gets upset, I get to say white trash because decades ago I was an enlisted guy in the Marines who listened to Johnny Cash instead of the Grateful Dead like the college boys did. Only after some relatives started dying and left me a bunch of money and property did I morph into the Waspy Scotch drinker with the monocle that you all know and love (or dislike).

 

[Darkbeer1]

As someone who has made the left turn multiple times, the area was not designed for guests. But when they modified the track, they added the scale and diverting cars to the maintenance bay. It was not designed for unloading. I remember the low ceilings.

So I think the young lady has a case, based on the news article. That said, the info came from her lawyers, so it might not be as made as what the article said.

 

[TP2000]

I've been on Space Mountain a million times in the last few decades. How did I miss this secret unloading area all this time?

 

[Darkbeer1]

You just need to invite all your overweight fan boys and/ or pack your man purse with lot of weight.

Basically at the area where R2D2, aka ADA loading area is also has the weight scale. If the computer says the weight is OK you turn to the right in front of the ride op Windows. Too much weight, you get the ride of shame left turn. Right after the turn, they will have you unload and place you at the front of the boarding line, but separated into 2 cars.

 

[TP2000]

You just need to invite all your overweight fan boys and/ or pack your man purse with lot of weight.

Basically at the area where R2D2, aka ADA loading area is also has the weight scale. If the computer says the weight is OK you turn to the right in front of the ride op Windows. Too much weight, you get the ride of shame left turn. Right after the turn, they will have you unload and place you at the front of the boarding line, but separated into 2 cars.

Hmm, okay. I'm reminded why I've never carried a man purse.

As much fun as it sounds to go into this secret cave with a low ceiling, I'm afraid it's not interesting enough to start carrying a man purse and/or make friends with overweight fan boys.