Disney Sued Over Tower of Terror Ride

BuzzLite_Fran

BuzzLite_Fran

Member
i am all for the courts and legal system rectifying a situation where a company did wrong or discriminated against someone illegally or unfairly, its the bull____ ones that get on my nerves. Some ppl use the courts as a way of getting paid and getting a quick buck.:fork::fork::fork: over frivilous suits
 
Ausdaddy

Ausdaddy

Active Member
Wilt Dasney said:
And this is a good thing, ladies and gents, honestly it is. As it is, Disney advertises through countless TV stations, billboards, websites, smoke signals, etc. inviting literally the whole friggin' world to come visit their Happy Kingdom of Magic.

Do we really want to stick up for a company's right to be entirely capricious and arbitrary with its admission standards, without anybody looking over their shoulder to keep 'em honest? I sure as heck don't.

The idea that Disney could invade every corner of your private space through the media begging you to come pay them a visit, then turn you away after you've spent all the money and time to get there because they don't like the color of your eyebrows doesn't appeal to me at all. So I for one like the fact that these policies require justification on a legal basis a little more substantive than "we can do whatever we feel like." You should like it, too...because otherwise it could be your eyebrows coming up for scrutiny one day.
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No, it's not. Why? Because monetary damages are out of control. People are NOT going to the court system just to settle disputes or determine what is legal policy. They are going to the court system to hit the lottery and retire (or in my cousin's much smaller case, to pay for her kid's braces). Until that happens, this is and will continue to be a bad thing. Health insurance, Auto insurance,Taxes, Disney park prices, etc. are all affected by damages. We would pay a lot less, if these were eliminated. No, I don't want to stick up for someone's right to be arbitrary with policies, but I don't want them giving millions out to individuals as punishment or compensation that ultimately result in my paying for it. Most people seem to recognize that our legal system has a problem. Fewer and fewer folks going into medicine because they can't afford the lawsuits, etc. Saying it's a good thing is just selling a bill of goods. If it was only about settling policy issues, I would agree.
 
Wilt Dasney

Wilt Dasney

Well-Known Member
BuzzLite_Fran said:
i am all for the courts and legal system rectifying a situation where a company did wrong or discriminated against someone illegally or unfairly, its the bull____ ones that get on my nerves. Some ppl use the courts as a way of getting paid and getting a quick buck.:fork::fork::fork: over frivilous suits
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It's far from a perfect system, I'll grant you. But even a lot of the lawsuits that come off looking ridiculous when the media boils them down to their essence can have a little more meat on their bones. (Ex: McDonalds didn't have to pay a lady just because their coffee was hot, but once that case made its way through the echo chamber, that's how it came off to most people.)

As far as this case goes, I don't think the woman is even seeking damages. It sounds like just a test of whether Disney is applying its policies fairly and reasonably, nothing more.
 
Ausdaddy

Ausdaddy

Active Member
Wilt Dasney said:
It's far from a perfect system, I'll grant you. But even a lot of the lawsuits that come off looking ridiculous when the media boils them down to their essence can have a little more meat on their bones. (Ex: McDonalds didn't have to pay a lady just because their coffee was hot, but once that case made its way through the echo chamber, that's how it came off to most people.)

As far as this case goes, I don't think the woman is even seeking damages. It sounds like just a test of whether Disney is applying its policies fairly and reasonably, nothing more.
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I'll admit that is not clear at this point, but I'm betting she's asking for more than a lifting of the ban.
 
Wilt Dasney

Wilt Dasney

Well-Known Member
Ausdaddy said:
No, it's not. Why? Because monetary damages are out of control. People are NOT going to the court system just to settle disputes or determine what is legal policy. They are going to the court system to hit the lottery and retire (or in my cousin's much smaller case, to pay for her kid's braces). Until that happens, this is and will continue to be a bad thing. Health insurance, Auto insurance,Taxes, Disney park prices, etc. are all affected by damages. We would pay a lot less, if these were eliminated. No, I don't want to stick up for someone's right to be arbitrary with policies, but I don't want them giving millions out to individuals as punishment or compensation that ultimately result in my paying for it. Most people seem to recognize that our legal system has a problem. Fewer and fewer folks going into medicine because they can't afford the lawsuits, etc. Saying it's a good thing is just selling a bill of goods. If it was only about settling policy issues, I would agree.
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No argument on the damages front. I guess we'll agree to agree as far as that goes.
 
jonnyc

jonnyc

Well-Known Member
Wilt Dasney said:
Re: "Why not go to Universal?"

ToT isn't just a free-fall drop. It pulls you down faster than the speed of gravity. Not saying that definitely proves the medical questions here, but it's one distinction that comes to mind for me.
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Why not go to Universal? Because Doctor Doom's Fearfall is awful.

In regards to the coffee situation and i got annoyed with some responses to this so i thought i'd put my own thoughts out there, it's that women's own fault that she spilt the coffee on her lap. Even if it was an accident, i don't see why Burger King/ McDonalds should have to pick up the tab unless they spilt it on her. If i buy a toy Mickey and choke myself to death on it should Disney have to compensate my family?

Anyway just my two cents :p.
 
The Mom

The Mom

Moderator
Premium Member
I actually read the transcript of the coffee case, way back when.

Contrary to popular belief, the woman was NOT driving, and the car was NOT moving when the coffee spilled. She was a passenger, and they had pulled over in the parking lot so she could take the cover off and add sugar and cream. She placed the cup between her knees, which isn't the smartest thing to do, but is very common. The coffee spilled during the process.

Now, if I did this at home, I would expect that I might get 1st degree burns (redness and pain), or, at worst, 2nd degree (blisters and more pain). I would not expect the coffee to be just short of boiling, and hot enough to cause 3rd degree burns. (charing skin and causing underlying tissue damage)

McDonald's had already been notified of other near misses, but refused to lower the temperature of their coffee.

So the issue became whether or not they should have anticipated the possibility of coffee purchased at a DRIVE-THRU spilling while being transported.

The jury decided that they should have considered that possibility.
 
harryk

harryk

Well-Known Member
I watched for the appeal in this case and learned the following:

When McDonald's appealed the finding, McDonald's won and paid zip.
 
F

fosse76

Well-Known Member
Ausdaddy said:
No, it's not. Why? Because monetary damages are out of control. People are NOT going to the court system just to settle disputes or determine what is legal policy. They are going to the court system to hit the lottery and retire (or in my cousin's much smaller case, to pay for her kid's braces). Until that happens, this is and will continue to be a bad thing. Health insurance, Auto insurance,Taxes, Disney park prices, etc. are all affected by damages. We would pay a lot less, if these were eliminated. No, I don't want to stick up for someone's right to be arbitrary with policies, but I don't want them giving millions out to individuals as punishment or compensation that ultimately result in my paying for it. Most people seem to recognize that our legal system has a problem. Fewer and fewer folks going into medicine because they can't afford the lawsuits, etc. Saying it's a good thing is just selling a bill of goods. If it was only about settling policy issues, I would agree.
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The thing is, it isn't out of control. These huge damages cases that hit the news don't even account for 1% of court cases. Malpractice insurance is high because the insurance providers are greedy. There are very few "obscene" punitive damage awards. And that's what our court system is designed to do. Are there people who take advantage? Absolutely, but for a trial to actually proceed a judge determines whether a case has merit. And those big awards? They are awarded by juries of average people...not the lawyers who tried the case. The system mostly works.
 
F

fosse76

Well-Known Member
harryk said:
I watched for the appeal in this case and learned the following:

When McDonald's appealed the finding, McDonald's won and paid zip.
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No they didn't. The liability of McDonald's was upheld by the court but the Court ruled that the punitive damages awarded was excessive and a rehearing was ordered. Upon rehearing, the Judge ordered a punitive damage of $600,000, and which McDonald's settled with the plaintiff for less (the rumored amount is closer to $500,000). What the media failed to report was that the Plaintiff was willing to settle for actual medical expenses and McDonald's scoffed. I believe she was willing to settle for around $100,000.
 
A

awomanofwonder

New Member
I would think that being this is a public website and "disscussion board" anyone would be welcomed to partake in the conversations therein. But I guess it is limited to,,, let the people talk and say what they will, but if the Plaintiff talks,,, she walks. Hmmm I find that very interesting indeed.
It offends me that my right to freedom of speech is denied here.
Afterall, it is MY case, and if I want to risk something relating to it, is that not my right??? Though I disscussed nothing more than what is already public knowledge!
Maybe you just don't want the public to know the truth???
 
Ausdaddy

Ausdaddy

Active Member
awomanofwonder said:
I would think that being this is a public website and "disscussion board" anyone would be welcomed to partake in the conversations therein. But I guess it is limited to,,, let the people talk and say what they will, but if the Plaintiff talks,,, she walks. Hmmm I find that very interesting indeed.
It offends me that my right to freedom of speech is denied here.
Afterall, it is MY case, and if I want to risk something relating to it, is that not my right??? Though I disscussed nothing more than what is already public knowledge!
Maybe you just don't want the public to know the truth???
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Uh, this isn't a public website. :rolleyes: And we already know the truth.
 
archangel2790

archangel2790

Member
awomanofwonder said:
It offends me that my right to freedom of speech is denied here.
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Nothing personal, but your "right to freedom of speech" is superceded by the Terms of Use of WDWMagic.com. The TOU is also something you agreed to abide by when clicked "I Accept" when you asked to be a member of this website.

Oh and arguing with the admins/mods probably isn't the best way to not get your account banned.....IMO.

Just my two pennies.
 

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