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Disney faced with lawsuit in Mission: Space death
- Thread starter mkt
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From my understanding Disney has been letting many of these frivolous lawsuits go to court. I have no doubt they will let this one go to court and if/when it happens this lawyer will get buried under a mountain of evidence and the case will get thrown out.CSUFSteve said:
nyfrenchy said:
I suspect they are, but that case isn't making the news. There is also some question as to whether or not they WERE aware of the medical condition, but didn't realize (or accept) how dangerous it could be. As mentioned, even if the parents shielded their son from every possible danger, something unexpected could kill him, so perhaps they were told to just let him have as normal a childhood as possible, so they stopped thinking about his condition?
My son has minor congenital deformities which I never think about on a day to day basis, which are frequently related to possible multisystemic problems, including the heart. He's been checked out, noninvasively, as much as possible, but there's still a chance that something was not visible. He rides most everything at WDW as I feel that preventing him from doing things other children do for fear of a CHANCE of something going wrong would be crippling.
wdwishes2005
New Member
I hope they dont win a cent. Taking advantage of their sons death.... makes me sick. I hate the feeling of entitlement people have nowadays. ' oh my son died of a heart condition at disney. Im entitled to reimbursement for the loss that im so sad and worked up over....'
CTXRover
Well-Known Member
Shaman said:
The counter to that argument would simply be that the original version of the ride is still available for all to ride. If the reason for offering the alternative version was that they questioned its safety at all, that version itself would have been modified. They will likely try to spin it the other way though.
The death is a tragic one and I sympathize with the family, but this lawsuit shouldn't make it too far before its dismissed. They will have an incredibly difficult time proving that the forces on Mission:Space alone is what caused the child's heart attack if that is the approach they intend to take. Considering over 11 million people have ridden Mission:Space with no reported problems is a pretty good indication to me that it isn't a death trap. With the child's heart condition, as one doctor so eloquently put it, the sound of a popping balloon could have caused his heart to beat fast enough for a brief period that it could have lead to his heart attack. It is just as likely the adrenaline rush one gets on MS, especially with a child, that lead to his heart attack and not the actual forces themselves (actually, I imagine this is the more likely scenario).
Shaman
Well-Known Member
CTXRover said:
All they need to do is point to the CHANGE.
Change in format and especially change in Disney's way of communicating the affects of the ride to guests before they ride (the green/orange paper distribution coupled with the CM asking/informing you about each version).
I'm not saying they'll win the case on this alone, it just helps their case....a bit.
freediverdude
Well-Known Member
What I don't understand is, if the sound of a popping balloon would be enough to kill him, it doesn't make sense that the family didn't know about his condition. If his heart was really that bad that just one sound would bring him down, it seems like he would be so weak already that they would notice something was wrong, just in everyday living. It would mean that normally he would not be able to run and play, or be surprised from behind by friends, or anything moderately stressful. The heart normally is the strongest muscle in the body, so a very weak heart that couldn't beat fast for even a minute's time would be noticeable. So this is making me think twice about the whole story.
hokielutz
Well-Known Member
Shaman said:
But the argument on Disney's side is they were losing business from low-ridership and needed to make a change to save the pavillion. So far - it appears that ridership is up because of the new format. The plaintiff can argue their points, but I believe that Disney can counter their claims with solid ground to stand on.
CTXRover
Well-Known Member
freediverdude said:
The child had a relatively rare heart condition called hypertrophic cardiomyopathy. In simplest terms, what it means is that the heart muscle itself was much "thicker" than you would see in a normal heart. With more muscle, the more blood flow is required to keep the muscle alive and well. With a traditional heart attack that one thinks of in older individuals, it is usually because the coronary arteries, the arteries that supply blood to the heart, become clogged and hinder blood flow. In this child's case, the blood flow was there, but it was not adequate enough to supply the "extra" heart muscle that was there. So when the heart beated faster, which required more oxygen via the blood, it didn't receive it which probably lead to ventricular fibrillation and sudden death in this child.
What is most devastating about hypertrophic cardiomyopathy, especially in children, is that its first presentation can be sudden death with no preceding symptoms as apparently was the case with this child. It is just a matter of what precipitating event will push it over the edge. As suprising as it may be, most young patients with this heart condition are usually asymptomatic until the precipitating event. The coronor's analogy to a popping balloon was likely an indication that the child's heart was likely so badly "damaged" that it was literally, and unfortunately, a ticking time bomb. The emotional stress that a child of that age would likely experience being strapped into an enclosed space with flashing buttons and loud noises may have been the most emotional/physical stress he had experienced up to that time in his life and it pushed him over the edge. The "experience" of MS is likely what indirectly caused this child's death, not the forces or safety of the ride. That is where the family will have a difficult time in the courtroom, imo. If it wasn't that, his heart would have continued to get progressively worse as he aged and he likely would not have made it into his adolescent years with the degree of hypertrophy he reportedly had. The most commonly heard story with a child with this type of heart condition is playing a sport in middle or high school and suddenly dropping dead on the field. Its scary, but again rare.
A careful cardiac exam by his pediatrician may or may not have picked up an irregular heart beat, extra heart sounds or a history of filling dizzy or passing out. Being only 4, there was likely a genetic cause in this case, so it would be interesting to know if there is a family history of heart conditions, sudden death, or arrythmias of unknown origin.
pixiegal
New Member
It is all really sad. I am sad that they choose to "remember" their son by doing this. I would think that loosing him would be enough. I don't know. It just seems rather shallow to sue Disney over something the parents were ultimately responsible for which is letting the child ride the attraction. I mean, the money isn't going to make their pain go away or bring their son back. And, Disney has obviously been making changes to accomodate for the incidents.
Sad to see a family so bent on trying to profit from a death.
Sad to see a family so bent on trying to profit from a death.
TheDisneyGirl02
New Member
It made me so angry when I saw the subject for this thread. I was involved in a car accident, which I was not found at fault for, but I was still sued. The two woman ended up walking away with $1 million between the two of them. It's disgusting and sadly I have lost all of my faith in the justice system because of this. I'm still suffering mentally 4 years after the accident while they got to split a HUGE sum of money.
I can only hope Disney fights this and doesn't give into this stupid, useless lawsuit.
TheDisneyGirl02
I can only hope Disney fights this and doesn't give into this stupid, useless lawsuit.
TheDisneyGirl02
CRO-Magnum
Active Member
I am sure the family is motivated...
...by the desire to keep this from happening to others. They need somebody to be responsible and they feel no obligation for not knowing about their son's issue. You don't know what you don't know.
They have every right to lash out to deal with their grief, but they will get nowhere with the lawsuit. It is hypocritical to hold Disney responsible for not knowing about their son's unknown issue. It's not an issue of height - how tall was the German woman? I'm sure she was above 48 inches. It's not about age - look at the horrendous car crashes with significantly higher forces which children survive each day. It's about predictability of the unknown, a genetic flaw and Darwinism.
At the end of the day, when all is said and done, they will realize that life happens. Who can protect against that?
...by the desire to keep this from happening to others. They need somebody to be responsible and they feel no obligation for not knowing about their son's issue. You don't know what you don't know.
They have every right to lash out to deal with their grief, but they will get nowhere with the lawsuit. It is hypocritical to hold Disney responsible for not knowing about their son's unknown issue. It's not an issue of height - how tall was the German woman? I'm sure she was above 48 inches. It's not about age - look at the horrendous car crashes with significantly higher forces which children survive each day. It's about predictability of the unknown, a genetic flaw and Darwinism.
At the end of the day, when all is said and done, they will realize that life happens. Who can protect against that?
kcnole
Well-Known Member
I'm no lawyer, but based on similar cases in Florida I think they'll win.
For example, an FSU football player died a few years back from a congenital heart disease. He died while taking part in matt drills during the summer. Now the matt drills are not killers, but they did agrevate his unknown heart condition and he died. The family sued the school and was awarded a large sum of money.
I don't see much difference in this case and the FSU case. I will admit that I'm a bit fuzzy on all the facts from the FSU case but if FSU was legally liable, it looks like Disney could be as well. If a thief can break into my house and while escaping out the back door, fall into a hole and sue me for negligence and win, then this family can get money here.
My guess is Disney will settle out of court. The PR Damage from fighting this case in addition to the cost of litigating it will probably outweigh the cost of settling.
For example, an FSU football player died a few years back from a congenital heart disease. He died while taking part in matt drills during the summer. Now the matt drills are not killers, but they did agrevate his unknown heart condition and he died. The family sued the school and was awarded a large sum of money.
I don't see much difference in this case and the FSU case. I will admit that I'm a bit fuzzy on all the facts from the FSU case but if FSU was legally liable, it looks like Disney could be as well. If a thief can break into my house and while escaping out the back door, fall into a hole and sue me for negligence and win, then this family can get money here.
My guess is Disney will settle out of court. The PR Damage from fighting this case in addition to the cost of litigating it will probably outweigh the cost of settling.
donald23
New Member
This is insane, anything to get revenge. IMO, these people are trying to put the blame on Disney for their own guilt of not knowing of the kid's condition to begin with. I can't stand people like this. They need to just deal with the grief and take responsibility for their own fault, because I've been on Mission:SPACE numerous times, and I know for a fact that they warn you about the intensity of the ride at least ten times before you even enter the preshow.
Captain Chaos
Well-Known Member
pixiegal said:
Thats the great USA for ya...
I have stated my dislike for M:S number of times... And this lawsuit was a no-brainer.. Of course the family was going to sue... And they will walk away with money, whether Disney settles out of court or it goes to trial...
We cannot blame the family... Can we blame Disney?? I don't think we can... But sooner or later these amusement parks and theme parks are going to be held liable for their thrill rides that cause injury, sickness, and in worse case scenerios, death.... (NOT THAT THEY HAVE TO BE, BECAUSE, IF THEY DO THEIR HOMEWORK THEY WILL KNOW HOW MUCH IS TOO MUCH)There is only so many sustained G's the human body can tolerate... With the push to try to one up each other, these thrill rides continue to push the edge... Sooner or later, the envelope will be pushed too far....
I am not blaming Disney.. But I do think this family will walk away with a good chunk of change... The german family, however, probably wouldn't have that good of a case in what will surely be their upcoming lawsuit...
Captain Chaos
Well-Known Member
donald23 said:
Wrong, just wrong... The doctors didn't diagnose him, how was the family supposed to know?? This is ludicris... And what is the family's fault?? Letting their child on a ride in which he fit the height requirement?? In that case, blame Disney for making the height requirement low enough for a tall 4 year old to ride... Maybe an age restriction would suit you????
wannab@dis
Well-Known Member
I can't agree with you... I understand the sentiment, but it's the same prevelent issue in society. Everything has to be blamed on something. Not true.dxer07002 said:
They made a simple choice... to ride a thrill ride. The ride did not cause the death, an unknown pre-existing condition did. They had a simple choice. Ride or not. They should now be responsible enough to understand it was their choice. There's no liability here on either side. Just an unfortunate accident and nobody is to blame.
If the pod had malfunctioned, it would be a different story. However, there was absolutely nothing wrong with the ride. There were many warnings of possible danger.
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