Disney World Lawsuit

[Pioneer Hall]

I'm wondering if this is the nachos that the CMs put the cheese on (or to the side) for you then hands you the container.

They may have a case if there's nothing written on the container or they can somehow prove the CM handed them the container in a "careless" manner causing it to spill on their child's face.

Not that I agree with the lawsuit... I think it sounds a bit questionable myself!?!

My guess is that it will end in a settlement. We have become an accident proof society now...you can no longer do anything without having to fear that someone will look to sue you.

 

[NewfieFan]

Things that are not even very hot can burn if left on the skin long enough and the heat (which is energy) at the contact point can't dissipate.

We had a saying in lab in college that "steam burns twice". It would get you once as steam, but once that energy was gone and it because almost boiling water, it would burn again. Not that I think this kid encountered nacho steam, but that is just a poorly thought out example.

Oh, I don't doubt it! My husband is an ER doc and he's seen some crazy burns from some crazy stuff. I just think this cause is not as bad as maybe the parents (or lawyers) are making it out to be. Severe burns like that from cheese sauce I'm sure would have been reported immediately!?!

 

[cowanfamily]

Things that are not even very hot can burn if left on the skin long enough and the heat (which is energy) at the contact point can't dissipate.

We had a saying in lab in college that "steam burns twice". It would get you once as steam, but once that energy was gone and it because almost boiling water, it would burn again. Not that I think this kid encountered nacho steam, but that is just a poorly thought out example.

Did you learn all this info riding Ellens Universe of Energy! lol

 

[Master Yoda]

I have a feeling that this is going to go down much like the McDonald's coffee case. If there is evidence that Disney was serving food at greater temperatures than is considered safe then they are going to be on the hook for a serious settlement. If not they will more than likely get stuck with the medical bills depending of course on how this kid ended up with nacho cheese on his face.

 

[captainkidd]

^This.

 

[jakeman]

Did you learn all this info riding Ellens Universe of Energy! lol

Unfortunately no. Two years of barely passing regular and organic chemistry.

 

[UrbanDonovan]

At the time, I thought it might just be a scratch/tear of the skin and would heal. I had no idea that almost a year later I would still have a scar.

You generally have scars for the rest of your life. I know I have many from my many misadventures as a clumsy kid.

Unless you mean a scab, which would be pretty weird to have for a year.

 

[DisneyJoe]

At the time, I thought it might just be a scratch/tear of the skin and would heal. I had no idea that almost a year later I would still have a scar.

Granted, my leg was bleeding like hell after it happened, ....

In my personal experience, scratches/tears that "bleed like hell" tend to leave scars....

 

[Dads 2 Boys]

:brick: Why would you let a 4 year old NEAR the nacho cheese? That's parental stupidity...

Amen! It's not Disney's responsibility to control the actions of other people's children and their "stoopid" parents. I highly doubt the cheese got on the boy's face by a cast member.

 

[hrcollectibles]

If the cheeses was so hot wouldn't you think other guests would have the same injury? I am pretty sure this family was not the only family at the parks that day and not the only family that ordered nachos...This is just another family looking to make a buck off of the mouse.

 

[Phonedave]

I have a feeling that this is going to go down much like the McDonald's coffee case. If there is evidence that Disney was serving food at greater temperatures than is considered safe then they are going to be on the hook for a serious settlement. If not they will more than likely get stuck with the medical bills depending of course on how this kid ended up with nacho cheese on his face.

The McDonald's case was legit. There was a history of them serving coffee that was excessively hot. There were a number of people who were burned before that lady. McDonalds had been told in a number of instances that their coffee was above normal serving temperatures. Their response was that their coffee is not intended to be drank when purchased, but to sit for a while before drinking.

The key here is the McDonalds knew before hand that their coffee was served at excessively hot temps, they have been notified that it was hot enought to burn people, and they made a decision to continue to serve it that way.

In the case of WDW, their cheese (at least that I have eaten) is the 'normal' serving temperature for 'hot cheese'. It did not seem excessively hot to me.

The thing with cheese is it has a large thermal mass. Hot water will quickly cool down. Hot cheese will act like a heating pad (mmmm hot cheese heating pad) and will continue to burn if not removed. If this kid got it gooped all over his face, I can see it burning.

I used to work with molten sulpher in college (it's used in testing concrete cylinders for compressive strenght). If any splashed on you, you were not supposed to try to wipe it off (because it just spread it around and make it worse). You had to stand there and let it burn (well you were supposed to stick your arm in water actualy). But it would continue to burn until it solidified on your arm. I saw one person get burned by it, and he wiped at it. His forearms were a mess for weeks afterwards.


-dave

 

[fosse76]

And another from our friends on the West Coast...

http://www.huffingtonpost.com/2011/02/09/disneylands-small-world-c_n_820737.html

I'd sue too for that one! 10 minutes is torture enough with that song over and over and over and over again!

 

[Master Yoda]

The McDonald's case was legit. There was a history of them serving coffee that was excessively hot. There were a number of people who were burned before that lady. McDonalds had been told in a number of instances that their coffee was above normal serving temperatures. Their response was that their coffee is not intended to be drank when purchased, but to sit for a while before drinking.

The key here is the McDonalds knew before hand that their coffee was served at excessively hot temps, they have been notified that it was hot enought to burn people, and they made a decision to continue to serve it that way.

In the case of WDW, their cheese (at least that I have eaten) is the 'normal' serving temperature for 'hot cheese'. It did not seem excessively hot to me.

The thing with cheese is it has a large thermal mass. Hot water will quickly cool down. Hot cheese will act like a heating pad (mmmm hot cheese heating pad) and will continue to burn if not removed. If this kid got it gooped all over his face, I can see it burning.

I used to work with molten sulpher in college (it's used in testing concrete cylinders for compressive strenght). If any splashed on you, you were not supposed to try to wipe it off (because it just spread it around and make it worse). You had to stand there and let it burn (well you were supposed to stick your arm in water actualy). But it would continue to burn until it solidified on your arm. I saw one person get burned by it, and he wiped at it. His forearms were a mess for weeks afterwards.


-dave

I know the McDonald's case was legit. I brought it up because of the similarities to this case.

Like you I have never run into cheese at WDW that was overly hot. Personally, I think that this might be a case of an improperly set or malfunctioning heating element vs a pattern of serving food at unsafe
temps irregardless of repeated warnings.

The other X factor will be how the cheese got on this child. Did a CM spill it on him, did the parents, was it a case of the pump malfunctioning, etc.

 

[llrain]

it probably was not even at Disney that this happened. She probably had an accident at home or did this on purpose to her kid for money after a trip and thought of something that Disney wouldn't be able to defend against.
People are so damn desperate for money its not funny anymore.
And they are sueing for suffering "emotional distress" from witnessing his agony.

Gimme a friggin break. This is why I can't stand lawyers. Nothing but money hungry animals willing to sue for anything brought into their offices.

 

[H2Opolo15]

This is absolutely ridiculous...:brick: But unfortunately in the world we live in today Disney will probably settle and just give them the money for their "hospital bill" and "emotional distress" because it's just one less thing they have to worry about. I'm sure the money they are asking for is no skin off Mickey's back..

Odds are this was an accident on the parents part and they have decided after nearly a year to sue... Hopefully they don't come back to any Disney parks in fear of being attacked by scolding hot cheese!! :lol:

 

[juniorthomas]

A seagull stole one of my french fries when I was walking through Frontierland. Think I should sue for $100 or $200 million?

 

[rsoxguy]

A seagull stole one of my french fries when I was walking through Frontierland. Think I should sue for $100 or $200 million?

If it left "something" on your shoulder, then it rightfully paid for that which it took. So no, you are not entitled to any money.

 

[pax_65]

Nope. It was a traveling county fair. The ride operator had 6 teeth and was wearing clothes older than me.

That's the funniest post I've seen on these boards in a LONG time.

:lol::lol::lol::lol::lol::lol::lol::lol::lol:

 

[Disney05]

The sun was really hot and I burned my shoulders, Disney should have warned me. Should be good for a mil.

 

[Bravo 229]

I doubt the CM spilled anything on the child, as normally the CM will set any food item down on the counter rather than handing it to you (unless it is a pretzel, turkey leg, etc. - something that would make a mess if laid down on the counter). Did Disney even know that this occurred at the time it happened? There should be a clause or provision that Disney must be informed of any incident within a 72 hour time period or the claims will be dismissed. I know there is a 4 or 5 year legal statute of limitations, but Disney is being unfairly targeted because it will be hard to prove that the event didn't occur in court. Bottom line here: people need to stop blaming other people for their screw ups!

As for the Small World suit, I've never been to Disneyland, but if IASW is similar to its Florida counterpart, then there is likely only one exit for someone in a wheelchair, and that is the load/unload area. If it were being evac'd for a fire or something of that magnitude, then he probably would've been the first one removed from the ride. Just sit back and enjoy the ride...or not, but you don't need to sue because you had to listen to the music for 40 minutes! These kinds of lawsuits make me want to scream!

I think I'll go ahead and sue WDW because a CM taking the trashbag full of cups out of the can in Club Cool bumped my head with the bag...I'll just leave out the part where she said "I'm really sorry, Sir!" about five times! :hammer: