Disney faced with lawsuit in Mission: Space death

[MrNonacho]

nice way to cope with the loss of a child, screwing someone out of money, for your mistake...:fork:

It really isn't the parents' fault, though. The boy had a dangerous condition that no one knew about. It was something that most likely would have got him whether he rode or not. 4-year-olds ride Space every day, and as long as they're healthy, they come off just fine.

 

[Blizz]

When you go after Disney its never about going to court. Look at Disney's history. It is easier and cheaper to settle out of court with undiscloused terms. I feel for their loss, but to say there were not enough warnings... HELLO! there is a warning like every 5 feet and they keep telling you reasons not to ride. Thats more then Kingda Ka the worlds tallest and fastest coaster offers. They may have lost a child which like i said, I feel for them, but this is a case of greed. They are going after a company because they know they have a histroy of settling for a tidy sum of money to keep quiet. Its messed up.

 

[TimonRulz]

Doesn't somebody's signature on here say that there are like 13+ warnings?? I am sorry for the family's loss but if you choose to bring your child on a ride after they tell you 13 times that it is not your average ride then its NOT Disney's fault.

I agree with you guys. There are at least 13 signs, and even Gary Sinese drills it into your head, then you move on and its told yet again to not get on because it is extremely intense. This is the same thing as if someone got on "Honey I shunk the Audience" and was scared of snakes (I'm not very partial to them myself!) and had a heart attack because the snake comes at ya. Or someone having arachnophobia and getting in the bugs life and having a heart attack. I'm not being cynical and I might have some people get mad at me, but I think its a great deal on the parents and they are turning the blame away. If someone said it was an extremely intense ride and my 4 year old son had a condition, you best believe I wouldn't be letting him get on there. That's just me though. Hope everyone isn't too mad at me saying that, I really don't mean anything bad, just my thoughts on it.

 

[autumndawn1006]

When you go after Disney its never about going to court. Look at Disney's history. It is easier and cheaper to settle out of court with undiscloused terms. I feel for their loss, but to say there were not enough warnings... HELLO! there is a warning like every 5 feet and they keep telling you reasons not to ride. Thats more then Kingda Ka the worlds tallest and fastest coaster offers. They may have lost a child which like i said, I feel for them, but this is a case of greed. They are going after a company because they know they have a histroy of settling for a tidy sum of money to keep quiet. Its messed up.

I agree. This will be settled out of court. No corporation in FL will take a chance in court with a fatality, especially a kid's. Besides, a court case would bring more exposure. No matter what the facts of loss are, Disney does not want "death" and "Disney" in the same sentence used in the media any more than it already has been. A court trial will bring way too much publicity.

 

[coastermaster83]

All they are hoping to do is settle out of court for money. This is just some lame moronic ambulance chasing lawyer who's hellbent on bringing Disney down and making money for himself not the family. In the words of the great Ren and Stimpy “YOU, SICK LITTLE MONKEY!”

 

[Raven66]

I agree with you guys. There are at least 13 signs, and even Gary Sinese drills it into your head, then you move on and its told yet again to not get on because it is extremely intense. This is the same thing as if someone got on "Honey I shunk the Audience" and was scared of snakes (I'm not very partial to them myself!) and had a heart attack because the snake comes at ya. Or someone having arachnophobia and getting in the bugs life and having a heart attack. I'm not being cynical and I might have some people get mad at me, but I think its a great deal on the parents and they are turning the blame away. If someone said it was an extremely intense ride and my 4 year old son had a condition, you best believe I wouldn't be letting him get on there. That's just me though. Hope everyone isn't too mad at me saying that, I really don't mean anything bad, just my thoughts on it.

Well, they didn't know he had a condition.


Maybe we could look at this way too, they weren't going to sue but their lawyer talked them into it. That happens doesn't it?? Yes it's for money, but maybe in some weird way they are just trying to make the pain go away. Just taking a guess.

 

[captcanada]

Doesn't anyone READ THE WARNING SIGNS???? Okay fine, what about the VIDEO warnings about the ride??? :fork: :brick::brick::brick:

I blame these kind of people for ticket/room price increases

I blame them for a lot more than that. Unfortunately...they paid a FAR too heavy price for one of the things I blame the parents for.

 

[LandBoatride]

I hope Disney fights this one. If there is one ride on property that DOES adequately warn riders, and then some, it is Mission Space. For this lawyer to contend there is not adequate warning is so warped and perverted, words can't express it. I mean really, how much MORE should Disney "warn" guests that you spin and pull many G-forces and that it is a thrill ride?? Is it even possible to warn you more???

The reasons I suspect that Disney will fight this is 1) If they don't, then they will be sued again by the German family and potentially any person who has been "injured"/had emergency treatment on this ride. (I envision someone suing that their vacation was ruined because they threw up and they want full compensation for their airfare, hotel, meals, etc etc.)

#2 If Disney does not fight this, they kind of admit that maybe there is something wrong with the ride or with the concept of the ride. To not fight this could mean they have to do away with M:S as we know it and abandon the G-forces version altogether, lest future lawsuits emerge.

#3 If Disney does not fight this, they open themselves to other lawsuits for any other ride. It is one thing for a ride to malfunction and injure/kill a rider - this type lawsuit is valid. But in this case, there was no malfunction, so the very fact that the ride pulls G-forces may leave Disney to blame, and Disney in effect accepts this blame if they settle. If this is the case, then Disney leaves itself vulnerable to lawsuits because someone now has a bad back from Space Mountain, or now has irritable bowel syndrome from the stomach discomfort from the hill on Splash Mountain, etc etc. I envision ambulance chaser lawyers now being perched outside Everest asking riders if their neck hurts! Ugh!! In short, to settle this case at any substantial amount sets a very bad "precedent" for Disney (and all theme parks).

#4 I truly 100% believe that the powers that be at Disney from the top down do not believe that Disney is to blame in any way for this incident (nor do I). As such, I think they will fight this.

#5 What about the girl who died of heat stroke at Typhoon Lagoon? Will they sue Disney because Disney did not provide enough shade, or provide warning signs about proper fluid intake?? Again, expect to see MANY lawsuits surface if this family gets a settlement.


I have to agree with most others on this thread: my sympathy for the family has now turned more to negative thoughts about their apparent greed and perpetuation of baseless lawsuits in this country. I am sorry that they have suffered a loss that is unimaginable, but that doesn't mean they should be made millionaires to help them "cope". My parents never let me on "thrill rides" when I was a kid, especially at age 4! Mission Space is in no way billed as a kid's ride - there are no princesses or furry lovable characters in it. Instead you are warned over and over and over again of its G-forces and potential to cause discomfort or stomach illness.

 

[CSUFSteve]

OT: Unkadug, love the pic of classic MK Tomorrowland...

As someone said, they will settle b/c Disney won't let it go to court. The family will get money.

As for the suit, they are capitalizing on media stories relating to criticism of the warnings being in English (which Disney's partially resolved, haven't they?) and the minor controversy over height requirements. They are probably also capitalizing on the fact that Disney did make a change in offering the "tamer" version. I wouldn't be surprised if they claimed that Disney "obviously knew there was a problem by offering the 2nd version". I wouldn't think they have a legitimate legal case here, but assume they are hoping for a jury b/c a jury would probably rule in their favor, based on our litiguous society.

But as I said, it doesn't matter. Disney will settle and the family will get money in addition to the money Disney has most likely already given them quietly.

 

[captcanada]

As I was downstairs, getting myself a coke, a theory came to mind, as I thought about this aweful situation.

What if:
The familiy isnt suing so much for the money (though I doubt it hurts), but...instead....because they feel so much overwhelming guilt over the death of their child.

Their point in suing would be....maybe, just maybe....the courts will rule in their favor, and thus, tell them....they are NOT the ones responsible for their sons death, but Disney is. Thus....they can feel a little less guilt about the loss of their kid? And...get some monetary revenge against those "truely" responsible.

If I am correct....does it make it right, what they're doing? No. Of course not. But it does make it understandable.

I, for one, FIRMLY believe in taking responibility for your own actions, and dealing with the consiquences of such action. But in this....I can see where they're coming from (assuming my theory is correct). Maybe sometimes, the consequences of your own actions are too much to bear. And one must try to get the blame placed else where, for their own peice of mind.

Just a theory though.

 

[ZambeziZelda]

I really don't feel like there is even a case here...however, if you think about it for a moment, they lost a 4 year old child. He's gone, forever, never coming back. I have a 2 year old sister, and I don't know what I'd do if she up and died in 2 years. Sure, this family doesn't legally have a case, but at the same time, they've payed the ultimate price already. In our culture, we equate sueing with a ligitamate solution, and if a chunk of change is what it's going to take for this family to move on from this awful situation, well, it's not as if Disney can't afford it. If this were a case of, "Oh look, little Timmy didn't keep his arm inside the vehicle and he lost a couple of fingers", then I'd say take a hike. But a human life was lost, and a child's life at that, so I say, give the family a break. Sure, money isn't going to a replace the child, but being able to live more comfortably isn't going to hurt the process...

 

[bassman]

I have sympathy for their loss...

but they are sueing for the sake of sueing. This case is a no brainer. If the parent makes the judgement to put her child on a ride that HAD signs posted about health conditions and her child met the required height then how is it disney's fault?

Also, if the ride's height requirement should have been 48 inches...it would have been. The only hint of reasoning behind this lawsuit may be the fact that no defibrillators were on site, but if paramedics responded quick enough then thats all they could do!

It would be like blaming a balloon company if a balloon had popped and the kid had a stroke...

couldn't have said it better myself.
leave disney alone,it wasn't their fault

 

[Jekyll Baker]

http://www.orlandosentinel.com/business/custom/tourism/orl-bk-disney061306,0,1860538.story?coll=orl-home-headlines

The family of Daudi Bamuwamye sued the company Tuesday in Orange County Circuit Court seeking unspecified damages.
.....
The Bamuwamye family was marking the anniversary of Daudi's death Wednesday in quiet solitude and was unavailable to comment, Samartin said.

Marked the anniversary of Daudi's death in quiet solitude AND the hopes of a big fat windfall. :lookaroun Does anyone else think the timing of the suit is suspect?

 

[wannab@dis]

Marked the anniversary of Daudi's death in quiet solitude AND the hopes of a big fat windfall. :lookaroun Does anyone else think the timing of the suit is suspect?

http://forums.wdwmagic.com/showpost.php?p=1690581&postcount=13

:lookaroun

 

[wannab@dis]

I really don't feel like there is even a case here...however, if you think about it for a moment, they lost a 4 year old child. He's gone, forever, never coming back. I have a 2 year old sister, and I don't know what I'd do if she up and died in 2 years. Sure, this family doesn't legally have a case, but at the same time, they've payed the ultimate price already. In our culture, we equate sueing with a ligitamate solution, and if a chunk of change is what it's going to take for this family to move on from this awful situation, well, it's not as if Disney can't afford it. If this were a case of, "Oh look, little Timmy didn't keep his arm inside the vehicle and he lost a couple of fingers", then I'd say take a hike. But a human life was lost, and a child's life at that, so I say, give the family a break. Sure, money isn't going to a replace the child, but being able to live more comfortably isn't going to hurt the process...

That's a major issue today. It doesn't matter if it's right or wrong, let's sue the big corporation because they can afford it. :brick:

I would like to think they will fight this frivalous lawsuit, but unfortunately there are many people with the above naive and inane view.

 

[nyfrenchy]

I remember the coroner who performed the autopsy saying (dont remember if it was in an interview or in the actual autopsy report) that the boy's heart condition was so bad that the sound of a popping balloon would be enough to kill him.

Also the lawyer statement "They are exposing the general public to a ride whose forces they don't really understand" is just plain hilarious. He make it sound like Disney is doing some magic stuff that go out of hand. Somebody explain that idiot of lawyer that there is only one force involved, it's called centrifugal force, and it is very well understood since Newton.

I hope Disney won't settle and will go to court to win and make them pay attorney & legal fees.

 

[landauh]

Marked the anniversary of Daudi's death in quiet solitude AND the hopes of a big fat windfall. :lookaroun Does anyone else think the timing of the suit is suspect?

There is usually a one year limit for filing lawsuits and as someone else stated, their lawyer most likely convinced them that they need to file or lose the ability to do so.

 

[TomDisney]

As for M:S's warning signs

-next to pavilion as you enter
-next to moon
-inside dome with video of what happens on ride
-video and audio warnings inside que
-warnings in preshow 1
-warnings in preshow 2

Yeah, but they are all in English. They'll probably sue saying that they don't speak or understand the English language that well and therefore didn't understand the warnings.

If that's the case, the sure learned the English words Lawyer and Sue really quick tho....

 

[nyfrenchy]

Why aren't they suying the family's doctor for the previously undiagnosed enlarged heart instead?

 

[wannab@dis]

There is usually a one year limit for filing lawsuits and as someone else stated, their lawyer most likely convinced them that they need to file or lose the ability to do so.

If they are so easily manipulated by THEIR lawyer, then I have absolutely no respect for them. I highly doubt it took any convincing for them to sue.