News Bird attack at Disney World leaves woman with traumatic brain injury

[larryz]

My thought would be try to have the case dismissed first. If that doesn't work, settle quietly and get it out of the
new cycle, as soon as possible.

The other option would be to countersue on behalf of the bird, who likely suffers from HETD (Human Encounter Trauma Disorder).

 

[KBLovedDisney]

The other option would be to countersue on behalf of the bird, who likely suffers from HETD (Human Encounter Trauma Disorder).

so many humans....

 

[Goofyernmost]

Is there any new information on this bird^brained caper. It does seem irresponsible for Disney to not have clearly defined flight paths/schedules for all Winged wild life in the open spaces of a theme park. Just unforgivable!

 

[Chi84]

Is there any new information on this bird^brained caper. It does seem irresponsible for Disney to not have clearly defined flight paths/schedules for all Winged wild life in the open spaces of a theme park. Just unforgivable!

There won’t be anything new for awhile. That’s a pretty wild overstatement of what the suit is about though. I think the plaintiff is alleging that Disney knew of aggressive behavior by nesting birds in the area where she was injured and should have warned her so she could have avoided the area or been on the lookout for possible problems. Apparently Disney did close a part of Adventureland because of this same type of issue, although it’s not clear when that happened.

 

[ImperfectPixie]

There won’t be anything new for awhile. That’s a pretty wild overstatement of what the suit is about though. I think the plaintiff is alleging that Disney knew of aggressive behavior by nesting birds in the area where she was injured and should have warned her so she could have avoided the area or been on the lookout for possible problems. Apparently Disney did close a part of Adventureland because of this same type of issue, although it’s not clear when that happened.

The closing of Adventureland (I thought) was last month. The bird attack happened 2 years ago. The news of the lawsuit broke shortly after the closing (maybe a week?), which made my internal alarms go off and makes me wonder if an attorney approached her about her injuries. The timing just seems too funky.

 

[Chi84]

The closing of Adventureland (I thought) was last month. The bird attack happened 2 years ago. The news of the lawsuit broke shortly after the closing (maybe a week?), which made my internal alarms go off and makes me wonder if an attorney approached her about her injuries. The timing just seems too funky.

The timing may be based on the fact that nesting season occurs at the same time each year. Lawsuits are routinely filed about two years after the injury based on the statute of limitations for personal injury cases.

 

[ImperfectPixie]

The timing may be based on the fact that nesting season occurs at the same time each year. Lawsuits are routinely filed about two years after the injury based on the statute of limitations for personal injury cases.

The nesting thing I knew about, but I didn't know that about injury lawsuits. Thank you for clarifying...I really had no idea that was routine.

 

[GoofGoof]

The nesting thing I knew about, but I didn't know that about injury lawsuits. Thank you for clarifying...I really had no idea that was routine.

The “victim” wants to wait as long as possible to make sure to capture as many expenses as possible. For example in a lot of these types of lawsuits the plaintiff will have medical bills but will also claim mental trauma so they rack up several years of therapy to bolster those claims. It’s a stronger claim if you are in therapy for 2 years instead of 2 months.

 

[ImperfectPixie]

The “victim” wants to wait as long as possible to make sure to capture as many expenses as possible. For example in a lot of these types of lawsuits the plaintiff will have medical bills but will also claim mental trauma so they rack up several years of therapy to bolster those claims. It’s a stronger claim if you are in therapy for 2 years instead of 2 months.

Ahhhhh. See, to me that's dumb. Why rack up tons of bills if there's only a chance you'll be recompensed for them?

EDIT: The above, of course, is assuming the "victim" doesn't really need therapy.

 

[Chi84]

The “victim” wants to wait as long as possible to make sure to capture as many expenses as possible. For example in a lot of these types of lawsuits the plaintiff will have medical bills but will also claim mental trauma so they rack up several years of therapy to bolster those claims. It’s a stronger claim if you are in therapy for 2 years instead of 2 months.

Unfortunately, that's true in too many cases. Sometimes, though, the full extent of an injury is not immediately apparent. There are some people who are in car accidents and refuse to be examined at all because they think they are okay, then start feeling the effects a few days later. Also, there are other considerations that go into waiting until the last minute to file lawsuits - it's not just to rack up expenses. It would be great if people were more ethical. I've seen people who are all about personal responsibility until something happens - then they look for someone to blame and rationalize it on the basis that "everyone else does it, so why should I be the only one losing out."

 

[GoofGoof]

Ahhhhh. See, to me that's dumb. Why rack up tons of bills if there's only a chance you'll be recompensed for them?

EDIT: The above, of course, is assuming the "victim" doesn't really need therapy.

Therapy was just one example. It could be physical therapy too. They aren’t just looking to get their bills paid, the real incentive is the pain and suffering. For example if they claim pain and suffering due to mental anguish (bird nightmares, afraid to walk outside, etc) its a stronger case if they have been in therapy for 2 years for it instead of just a few months. The longer you wait the more you can claim as damages.

My dad was in a car accident where the other driver sued for damages. The accident wasn’t his fault and even the police report stated that. Neither car was totaled and both probably had a few thousand worth of damage combined. Really a pretty minor accident. The guy had no insurance so my dad’s insurance company paid for his repairs and we thought that was the end of it. After a few years went by he got the paperwork for the lawsuit. The guy was suing for medical bills but also pain and suffering. He had bills from doctors, chiropractor, psychologist, etc. Aside from the bills he was suing for mental anguish caused by the multi-year loss of his ability to work, the loss of his ability to hold his child on his lap, the loss of his ability to “perform” for his wife and loss of sleep due to nightmares. Long story, short...my dad’s insurance company settled out of court and the guy got a payout of a few thousand plus bills. My dad wanted to go to court just on principle but the insurance company couldn’t be bothered.

 

[GoofGoof]

Unfortunately, that's true in too many cases. Sometimes, though, the full extent of an injury is not immediately apparent. There are some people who are in car accidents and refuse to be examined at all because they think they are okay, then start feeling the effects a few days later. Also, there are other considerations that go into waiting until the last minute to file lawsuits - it's not just to rack up expenses. It would be great if people were more ethical. I've seen people who are all about personal responsibility until something happens - then they look for someone to blame and rationalize it on the basis that "everyone else does it, so why should I be the only one losing out."

Valid point. The skeptic in me feels like this is a frivolous lawsuit and a money grab. There are plenty of cases where there are real damages. It’s very possible for medical or mental treatment to take several years.

 

[ImperfectPixie]

Unfortunately, that's true in too many cases. Sometimes, though, the full extent of an injury is not immediately apparent. There are some people who are in car accidents and refuse to be examined at all because they think they are okay, then start feeling the effects a few days later. Also, there are other considerations that go into waiting until the last minute to file lawsuits - it's not just to rack up expenses. It would be great if people were more ethical. I've seen people who are all about personal responsibility until something happens - then they look for someone to blame and rationalize it on the basis that "everyone else does it, so why should I be the only one losing out."

Valid point. The skeptic in me feels like this is a frivolous lawsuit and a money grab. There are plenty of cases where there are real damages. It’s very possible for medical or mental treatment to take several years.

Yeah, I'm super skeptical about people in general. The human race tends to be extraordinarily self-centered and greedy and will jump at the chance to get "free" money. And yes, there are definitely real cases out there in which treatment can take years and multiple surgeries and extensive therapy, but I think those are the exception rather than the rule in most of these cases.

I was once rear-ended by a woman who had been tailgating me and when I had to come to a stop at a stop sign where there was a large patch of ice on the road (I was driving a stick), she slammed right into me. She literally got out of her car and claimed her neck hurt and said SHE was going to sue ME. She changed her tune really quickly when I demanded that she follow me the three blocks to the police station to file a police report.

 

[MisterPenguin]

Therapy was just one example. It could be physical therapy too. They aren’t just looking to get their bills paid, the real incentive is the pain and suffering. For example if they claim pain and suffering due to mental anguish (bird nightmares, afraid to walk outside, etc) its a stronger case if they have been in therapy for 2 years for it instead of just a few months. The longer you wait the more you can claim as damages.

My dad was in a car accident where the other driver sued for damages. The accident wasn’t his fault and even the police report stated that. Neither car was totaled and both probably had a few thousand worth of damage combined. Really a pretty minor accident. The guy had no insurance so my dad’s insurance company paid for his repairs and we thought that was the end of it. After a few years went by he got the paperwork for the lawsuit. The guy was suing for medical bills but also pain and suffering. He had bills from doctors, chiropractor, psychologist, etc. Aside from the bills he was suing for mental anguish caused by the multi-year loss of his ability to work, the loss of his ability to hold his child on his lap, the loss of his ability to “perform” for his wife and loss of sleep due to nightmares. Long story, short...my dad’s insurance company settled out of court and the guy got a payout of a few thousand plus bills. My dad wanted to go to court just on principle but the insurance company couldn’t be bothered.

As an aside, this no-fault insurance situation is precisely why people shouldn't worry about self-driving cars in accidents and their worry of "who's going to pay?" The answer is the same as it is now: the insurance companies. And they'll be happy when the majority of their autonomous clients are better drivers than their meat-bag drivers. Even though there will still be accidents, they'll be less of them.

 

[DisneyCane]

As an aside, this no-fault insurance situation is precisely why people shouldn't worry about self-driving cars in accidents and their worry of "who's going to pay?" The answer is the same as it is now: the insurance companies. And they'll be happy when the majority of their autonomous clients are better drivers then their meat-bag drivers. Even though there will still be accidents, they'll be less of them.

Insurance companies don't pay anything. The people that pay insurance premiums are the ones that pay.

Same as how "the government" doesn't pay for anything. The people that pay taxes (and pay for inflation due to the national debt) are the ones paying.

 

[Chi84]

Insurance companies don't pay anything. The people that pay insurance premiums are the ones that pay.

Same as how "the government" doesn't pay for anything. The people that pay taxes (and pay for inflation due to the national debt) are the ones paying.

I’m pretty sure he was just talking about how the risk (and fault) would be distributed. Unless of course he’s 10 years old

 

[GoofGoof]

As an aside, this no-fault insurance situation is precisely why people shouldn't worry about self-driving cars in accidents and their worry of "who's going to pay?" The answer is the same as it is now: the insurance companies. And they'll be happy when the majority of their autonomous clients are better drivers than their meat-bag drivers. Even though there will still be accidents, they'll be less of them.

I don’t think individuals are worried about liability for accidents with self driving cars. Where the over the top lawsuits will come in is when suing the manufacturer when the car is deemed to be “at fault”. People see deep pockets and dollar signs. They won’t go after you and I as owners but GM and Tesla.

 

[Goofyernmost]

Insurance companies don't pay anything. The people that pay insurance premiums are the ones that pay.

Same as how "the government" doesn't pay for anything. The people that pay taxes (and pay for inflation due to the national debt) are the ones paying.

That is how insurance works. You don't think the payouts for you just come from what you have paid in do you? Government too. Let me ask you a question. Your street is a mess of potholes and broken pavement. Would you like to pay out of pocket for the part that you use to get to your property by yourself or do you think that everyone that lives on the street plus others should divide up the costs which only amounts to a few pennies apiece. We all need to pull our head out of our collective butts and see how this type of system benefits everyone. That goes for health insurance and many other things. Social Security... do you want to individually provide all the support for your parents when they get old, including health cost alone or is it better to have everyone pay in and then when we need it, it is there?

I'm not saying that you don't see it that way. I don't know, but, I felt that for those that don't should just take a couple of minutes and think this thing through.

 

[Tom P.]

That is how insurance works. You don't think the payouts for you just come from what you have paid in do you? Government too. Let me ask you a question. Your street is a mess of potholes and broken pavement. Would you like to pay out of pocket for the part that you use to get to your property by yourself or do you think that everyone that lives on the street plus others should divide up the costs which only amounts to a few pennies apiece. We all need to pull our head out of our collective butts and see how this type of system benefits everyone. That goes for health insurance and many other things. Social Security... do you want to individually provide all the support for your parents when they get old, including health cost alone or is it better to have everyone pay in and then when we need it, it is there?

I'm not saying that you don't see it that way. I don't know, but, I felt that for those that don't should just take a couple of minutes and think this thing through.

We are supposed to avoid political discussions on these boards, so I won't get into the weeds of Social Security as it applies to society as a whole or as a political issue.

However, regarding the specific question you asked regarding Social Security, if I may jump in and answer that... If I could be allowed to take the money that is withheld from my paycheck for Social Security and be allowed to instead invest it on my own, with the understanding that upon reaching retirement age the government would provide me absolutely zero support and I would be 100% responsible for my own expenses... yes, I would take that arrangement in a heartbeat.