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Disney faced with lawsuit in Mission: Space death
- Thread starter mkt
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Testtrack321
Well-Known Member
don't feed the trolls!
Captain Chaos
Well-Known Member
nyfrenchy said:
then I did misunderstand your post... Yes, _____ happens in life... Nothing we can do about it... Accidents do happen... And unfortunately this was a tragic accident... Again, I am not advocating this lawsuit.. I just think bashing the family is insensitive and wrong...
Captain Chaos
Well-Known Member
Testtrack321 said:don't feed the trolls!
Since when did the Norway pavilion in World Showcase have a troll petting zoo???
I do have a question... Is M:S giving you sustained G's at 4 G's or only 2 G's??? I am a little confused about that.... I thought it was 4 g's sustained over 15 seconds....
wannab@dis
Well-Known Member
A little less than 2. :wave:dxer07002 said:
Of course the family sued. Their kid died. It should not demean them in your eyes. Don't worry, Disney has an army of lawyers who will settle this lawsuit for several million dollars with a non-disclosure clause and for which they will accept no blame. They budget such lawsuits (many of which are substantially more frivilous). It is a cost of doing business. This is not to say anything bad about Disney, business is business. BTW, I love Mission Space and ride it several times every trip. It would be unfortunate if a decision was made to offer only the "lite" version, or no version at all. Again, make no mistake, experts will compare the cost of closing or minimizing the ride against the potential cost of settling lawsuits, and whichever is lower, that will be the answer. This is done all the time, by all big business that offer products that, while generally safe, occasionally result in injury or death.
Captain Chaos
Well-Known Member
wannab@dis said:
Eeek.. where did I get 4 G's then??? :hammer:
hokielutz
Well-Known Member
dxer07002 said:
And what a lot of us are saying is that it is insensitive and wrong for the family to bash the Disney company or any other large comany in a similar situation when, from a reasonable point of view, there was no one at fault. Usually a reasonable person can go after a company when there is fault or assumed negligence. And also, from a reasonable person's standpoint, the ride in its original version is safe when people do not have any of the conditions listed. They warn you from the minute you approach the building that if you have the listed health conditions then this experience is not for you. Unfortunately two people, who had pre-existing conditions, have deceased after riding mission space. None have deceased that were without preexisting conditions. So from a reasonable person's standpoint, Disney has done what they can, short of making everyone go through a full body MRI exam, to alert its guests that may be succeptable to the forces of M:S.
This brings up another point... if the attorney and family in the suit is claiming there are not enough warnings, then does that imply the family knew their child had a pre-existing problem? Are they saying that if there were better warnings, then they wouldn't have gotten on because they would remember their child has a pulmonary problem?
Captain Chaos
Well-Known Member
hokielutz said:
The last part of your post, I think we are going to have to wait and see.. because if they did know, then they have lied from the start saying he had an undiagnosed condition... If this goes to trial, the doctors will have to testify as to what they knew about his condition... If they knew, the family loses.. end of story.. but if they didn't know.. and this lawsuit is about more than the warning signs, then the family will win... Again, please note I am not advocating this lawsuit, nor do I side with the family... I just have a warped sense of this judicial system.... and I know a jury will give this family something....
SIR90210
New Member
The basic concept of a Wrongful Death Lawsuit is flawed. It is trying to replace someone with something. The family has no real case, they're just suing to get the money. I don't know the reasons behind their greed, but I can only guess that the reasons are flawed. If you ever use someone's death as a reason to get money, you clearly did not value the person enough to deserve the money. However, Disney being Disney, they will settle out of court. Heck, they would probably settle out of court if someone sued them for the extinction of the dinosaurs.
wannab@dis
Well-Known Member
No necessarily true... they could be looking at it as retribution. They equate Disney giving them a pot of money as saying 'sorry for your loss'. IMO, it's no better than greed, but another possibility.SIR90210 said:
The case will never go to trial. It will be settled. Just like 99.99 percent of all lawsuits. That is what insurance is for, and since the insurance company will end up paying whatever, the case will settle. Honestly, a case like this should settle. Disney is no stranger to settling lawsuits. Fall down and break your arm on Main Street and see what happens. A lawyer will visit you while you are still on property with a document to sign promising not to sue or disclose, and your trip will be comped and your medical bills paid. Nothing wrong with that, depending on your point of view. From a Disney lover point of view, they accept some responsibility for the injury, and promptly move set things right. From a lawyers point of view, they pay pennies on what they might have to pay if the injured person waited to talk to a lawyer and file a lawsuit.
Captain Chaos
Well-Known Member
I have a good one for you.. Tell me your opinion here...
A family in my home town lost a 35 year old member of their family to brain cancer.. He volunteered to help clean up the devastation after 9-11... Now, with all these reports that the people who helped clean are getting sick, he dies... The family is now suing NYC, Port Authority, and everyone including their mother.. for millions.... Frivilous or not???
This family actually sickens me.... He died, let him rest in peace.. but, they are not looking for monetary pay out.. And, by the way.. this family didn't wait a year.. they filed the lawsuit within a week of his passing....
Such is the state of the USA today...
A family in my home town lost a 35 year old member of their family to brain cancer.. He volunteered to help clean up the devastation after 9-11... Now, with all these reports that the people who helped clean are getting sick, he dies... The family is now suing NYC, Port Authority, and everyone including their mother.. for millions.... Frivilous or not???
This family actually sickens me.... He died, let him rest in peace.. but, they are not looking for monetary pay out.. And, by the way.. this family didn't wait a year.. they filed the lawsuit within a week of his passing....
Such is the state of the USA today...
lamarvenoy
New Member
When my stepfather was sued and the person took it to the local TV station they did a whole piece on him and made him look real bad after refusing to discuss the case with the reporter(his lawyer's advice).The lady who sued him kept saying money had nothing to do with it and principle was at stake.The day after the piece aired my stepdad called the tv reporter and offered a peace settlement to the plantiff-money has nothing to do with it?-ok,I'll give the total amount you are asking for TIMES TWO to an accredited charity of your choice or mine which is St Judes's children hospital.What did the lady say...uhhh, ummm,,uhhhhhh,no.They aired THAT piece on the air with my stepdad's side and she looked like a lying piece of trash.She lost the case the next month.
They lost a child,they need to own up to THEIR own actions.See a priest see a phsychiatrist see a proffessional to help you through-don't see a lawyer unless it really isn't your fault.This case is wrong.
They lost a child,they need to own up to THEIR own actions.See a priest see a phsychiatrist see a proffessional to help you through-don't see a lawyer unless it really isn't your fault.This case is wrong.
popsicletrees
Well-Known Member
dxer07002 said:
I think the key word is he volunteered. Which in my opinion means he took full responsibility of anything that might happen to him. Besides, if he helped clean up there are a lot of ways he could possibly get injured and he (and probably his family) were willing to take that risk at the time.
1disneydood
Active Member
We're not a Judge nor jury. Let the judicial system handle it. If someone has an attorney that thinks he can beat Disney attorney(s), I say go for it. I HATE to see WDW sued, but this family is doing what everyone else would do if we weren't just a bystander behind a computer screen.
TimeTrip
Well-Known Member
dxer07002 said:
IMO that is a misinterpretation of the McDonald's lawsuit. The reason why the plaintiff won was because the jury found that "a reasonable person would know or suspect the coffee to be hot" was NOT true. A reasonable person wouldn't expect that spilling McDonald's coffee would give "third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay." "A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible." "Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants."
http://lawandhelp.com/q298-2.htm
This leads to an interesting parallel to M:S. Would a reasonable person actually believe that people would be dying the way they are from having ridden this ride?
Captain Chaos
Well-Known Member
That is a very good question. I would think. No... but I am not a reasonable person LOL
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