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

[GhostlyGoofy]

I know it sounds silly, but might she have a case? If Disney knew these territorial birds where a problem but didn't properly notify people.

It seems like they're taking it serious now, considering they have roped off sections of Adventureland to keep people away.

 

[Smiley/OCD]

This is exactly why you have to read those warnings on the wire and not have toast while in the bathtub...

 

[juniorthomas]

There needs to be a law that states every time you can't provide evidence that Disney was at fault for any injury, you give THEM money for wasting their time with lawsuits.

Start here.

 

[Chi84]

I know it sounds silly, but might she have a case? If Disney knew these territorial birds where a problem but didn't properly notify people.

It seems like they're taking it serious now, considering they have roped off sections of Adventureland to keep people away.

She might, for the reasons I gave back in post #60. Her complaint has few details in it, which is not unusual at this stage, but it makes it difficult to determine whether there is any merit to the claim. Being hit by a bird sounds funny, kind of like slipping on a banana peel in a grocery store, but those funny scenarios can cause serious injury. Sure, if a random bird came out of nowhere and attacked the woman, it would just be bad luck and there would be no basis for holding Disney responsible. But if Disney knew there were aggressive birds nesting nearby who had been attacking or harassing people, it could at least be argued that they should have done something to prevent it or warn guests to look out when they are in the area. The lawsuit doesn't give any details yet, but what if Disney knew that aggressive birds (and some of the birds I've seen at Disney are large enough to do damage) had been attacking people who got to close to the nests, did nothing, and then someone was seriously injured as a result? People find it funny when it's an adult (as long as it's not them), but would probably be more sympathetic if it was a young child.

In any event, people see the words "Disney" and "lawsuit" and assume the worst. I'm not saying I believe the suit is valid - there aren't enough reported facts to know that - but equating this scenario to someone taking a toaster into a bathtub or suing for sunburn doesn't seem warranted.

 

[ImperfectPixie]

She might, for the reasons I gave back in post #60. Her complaint has few details in it, which is not unusual at this stage, but it makes it difficult to determine whether there is any merit to the claim. Being hit by a bird sounds funny, kind of like slipping on a banana peel in a grocery store, but those funny scenarios can cause serious injury. Sure, if a random bird came out of nowhere and attacked the woman, it would just be bad luck and there would be no basis for holding Disney responsible. But if Disney knew there were aggressive birds nesting nearby who had been attacking or harassing people, it could at least be argued that they should have done something to prevent it or warn guests to look out when they are in the area. The lawsuit doesn't give any details yet, but what if Disney knew that aggressive birds (and some of the birds I've seen at Disney are large enough to do damage) had been attacking people who got to close to the nests, did nothing, and then someone was seriously injured as a result? People find it funny when it's an adult (as long as it's not them), but would probably be more sympathetic if it was a young child.

In any event, people see the words "Disney" and "lawsuit" and assume the worst. I'm not saying I believe the suit is valid - there aren't enough reported facts to know that - but equating this scenario to someone taking a toaster into a bathtub or suing for sunburn doesn't seem warranted.

I agree - there simply hasn't been enough reported yet. There are herons and egrets in Florida, which can get quite large. This could have been a nesting bird, but it could also have been a sick bird or even a bird that was used to getting food thrown to it from the dock. We just have no way of knowing. BUT...and this is a big but...she does live on planet earth, and while rare, birds do become aggressive from time to time. The timing is what is setting off my internal alarms...for all we know, the lawyer noticed that Disney was dealing with aggressive birds in Adventureland recently and found out about this woman's injury, so he approached her and offered his services.

 

[John park hopper]

So what is Disney supposed to do? Many birds are protected.

"Basic protection. All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions (see Exceptions), to: Intentionally kill, injure or take any wild bird."

 

[TongaToast21]

poor Kevin at AK was just taken in for questioning and on leave...

 

[celluloid]

In all seriousness, hopefully everyone will be more aware of the dangers that feeding wildlife or not being aware in general can cause. It may not be the fault of anyone, but a good reminder anyway.

 

[Chi84]

So what is Disney supposed to do? Many birds are protected.

"Basic protection. All birds, their nests and eggs are protected by law and it is thus an ofence, with certain exceptions (see Exceptions), to: Intentionally kill, injure or take any wild bird."

This is true and limits what businesses can do in dealing with nesting birds. My husband worked at a building where Canadian geese had decided to build nests in the bushes around the parking lot. These are large birds, and one actually knocked down an older woman walking to her car. I love wildlife as much as the next person, but when birds are injuring people at their places of work, my feeling is that the birds have to go.

I would be fine with Disney removing the birds from Adventureland, but as it stands, it's possible the only thing they can do is rope off the area or warn people to be on the lookout for aggressive birds. As I said earlier, a warning like that is likely to be ineffective, but at least it gives people a choice about whether to enter the area. Or they can do what my husband does at the arboretum - he takes off his hat and uses it to swat at birds diving toward him. Hilarious, but effective.

 

[Speedy71]

She should've wore a helmet.

 

[MisterPenguin]

Are certain bird builds overpowered?

 

[larryz]

Are certain bird builds overpowered?

Mister Jealous, much?

 

[MisterPenguin]

Mister Jealous, much?

The penguin guild pwns the Antarctic land servers!

 

[mf1972]

flights of wonder just announced a refurbishment

 

[Incomudro]

Outside of a kick to the head by an escapee Ostrich from AK, what kind of bird attack could cause traumatic brain injury?
Certainly no native species is capable of inflicting traumatic brain injury by an attack, unless that attack led her to fall and strike her head on the pavement or something.
There is little information given (unless I missed it) the statement says "attack."
It doesn't say she collided with it say coming down exterior hill on Expedition Everest.

 

[Chi84]

Outside of a kick to the head by an escapee Ostrich from AK, what kind of bird attack could cause traumatic brain injury?
Certainly no native species is capable of inflicting traumatic brain injury by an attack, unless that attack led her to fall and strike her head on the pavement or something.
There is little information given (unless I missed it) the statement says "attack."
It doesn't say she collided with it say coming down exterior hill on Expedition Everest.

I suppose it would depend on the size of the bird, whether it was in full-dive mode, and the condition of the woman's head - a very large bird combined with what's known in law as the "eggshell-headed plaintiff" might just do it.

 

[Incomudro]

I suppose it would depend on the size of the bird, whether it was in full-dive mode, and the condition of the woman's head - a very large bird combined with what's known in law as the "eggshell-headed plaintiff" might just do it.

Yeah, but that's extremely far fetched.
The bird would have to attack with enough velocity to kill itself.
A full on Peregrine Falcon Kamikaze attack.
Again, unless she struck her head on the ground, or ran away and collided with a wall or a lamppost or something.
But those things would be her collision, not the attack of the bird itself.

 

[Rowlet]

This story reminds me of hawks attacking students when I was in undergrad at the University of Miami.

"The red-shouldered hawk is actually protecting a nest of chicks located in a tree right above a path used by students to get grub, wildlife officials said.

Spring is nesting season for the birds of prey, and this is the third year students have been the targets for the divebombing hawks."

https://www.nbcmiami.com/news/weird/Hawks-Divebomb-UM-Students.html

 

[celluloid]

Yeah, but that's extremely far fetched.
The bird would have to attack with enough velocity to kill itself.
A full on Peregrine Falcon Kamikaze attack.
Again, unless she struck her head on the ground, or ran away and collided with a wall or a lamppost or something.
But those things would be her collision, not the attack of the bird itself.

The head has many tender spots and since it mentioned her back/neck, a full dive bombing bird with its sharp beak, you could certainly have that injury.

 

[TrainsOfDisney]

Bald Eagles, Hawks, Owls, large herons, Sandhill cranes.... these are pretty large birds that could certainly hurt someone if they were intent on doing so.