Disney World Lawsuit

[heliumalias]

The lawyer appears to specifically refer to nachos and not just the nacho cheese which is why I was wondering. Could just be semantics or misquoting on the part of the reporter but it's the sort of loophole that a defence attorney might point out. It also makes a difference in the point about the food being served to children. If it was part of an item specifically on the adult menu then there is possibly a different response to the guest putting self-serve cheese on the item (which could have been on the kids menu).

 

[WishIwasThere]

A European co-worker of mine puts it this way...

In Europe, if you trip and fall...you look around to make sure nobody saw out of embarrasment.

In the USA, if you trip and fall...you look around to see if anyone saw so you can use them as a witness in a lawsuit.

This coming from someone who lives in Europe, who think our legal system is a joke.

The poor kid's scars aren't from the hot cheese, its from his parents jabbing his face with tortilla chips scraping the cheese off. They paid alot of money for that cheese sauce and those chips hurt.:hammer:

 

[WishIwasThere]

Both Pecos Bills and Cosmic Rays has nacho cheese on the condiment bar.

Not anymore...thanks alot stupid people.

 

[Duke of Disney]

Any judge will laugh this one out of court. A 4 year old child has no compass for what is hot or cold, and some adults for that matter. Either way, the guardians are at fault and they should be fined for wasting our tax dollars and the courts time. The neosporin is in the pharmacy, knock yourself out.

 

[durangojim]

I burned the roof of my mouth on some macaroni at Columbia Harbor House one time. My family and I are four of the only people on the planet that now have lifetime passes to all Disney parks.:lookaroun

 

[njDizFan]

Just reiterrating what was previously posted; Cheese sauce is an oil based condiment when heated would burn consieerably more than a water based liquid. If the vending unit was malfunctioning or improperly set it could definately be a problem. Most protien based foods need to be left out either below 40 degrees or above 160 degrees by food safety standards. So an oily substance applied at 180 degrees to a child's face would certainly cause a nice burn.

All that said, I still think it was most certainly the parent's negligence which lead to this situation. But quite possibly he did get a nice burn.

 

[WelshBatman]

I agree, Disney didn't pour it on the kid, and what in fact were the parents doing while not minding a kid who really should be monitored in that situation.

Meanwhile, the 5 people in the hospital due to today's Magical Express Bus Crash, they may have cause to sue disney. Particularly if the bus did in fact run the red light.

In a way, it's a prime example of an acceptible suit and a non-acceptible suit.

 

[juniorthomas]

The lawyer appears to specifically refer to nachos and not just the nacho cheese which is why I was wondering. Could just be semantics or misquoting on the part of the reporter but it's the sort of loophole that a defence attorney might point out. It also makes a difference in the point about the food being served to children. If it was part of an item specifically on the adult menu then there is possibly a different response to the guest putting self-serve cheese on the item (which could have been on the kids menu).

Looks like you just beat their case. Our nacho cheese will stay hot!

 

[Mammymouse]

I burned the roof of my mouth on some macaroni at Columbia Harbor House one time. My family and I are four of the only people on the planet that now have lifetime passes to all Disney parks.:lookaroun

Are you serious or are you just kidding around?


By the way, does anyone have a picture of what the cheese dispenser/container looks like?

 

[Master Yoda]

Not anymore...thanks alot stupid people.

I know that they were removed a little more than a year ago but they returned after a short hiatus. There were still there in early December so if they have been removed again it was a recent thing.

 

[inluvwithbeast]

Great....now I can see them serving lukewarm cheese in an attempt to avoid lawsuits like this. Stupid people. I hate lukewarm cheese.

As someone else said, they can't actually serve it lukewarm. It has to be kept above a certain temperature or below (which then it would be solid... chunky nachos? :lookaroun) so a warning label or no nachos at all.

The fact that the cheese was on the condiment bar is interesting....

 

[llrain]

No way, this thing, as with 99% of other cases as this frivilous one will
never see court. This is how the family knows they have it made. It will settle like the rest of them do. A very very easy way for them to make the $$ based on a
situation the family knows it could not win with in court.
They know they will settle, thats probably what they want and will get.

Disney needs to stop thinking it will loose its "family" atmosphere behind the name and take ALL of these stupid cases all the way to a jury, win them which they would, to show the idiot people like this family that they cannot earn a quick dollar from disney.

This family is now basically going to be rich for a while for nothing while we all work and work and work for our hard earned money.

Any judge will laugh this one out of court. A 4 year old child has no compass for what is hot or cold, and some adults for that matter. Either way, the guardians are at fault and they should be fined for wasting our tax dollars and the courts time. The neosporin is in the pharmacy, knock yourself out.

 

[DisneyMusician2]

No way, this thing, as with 99% of other cases as this frivilous one will
never see court. This is how the family knows they have it made. It will settle like the rest of them do. A very very easy way for them to make the $$ based on a
situation the family knows it could not win with in court.
They know they will settle, thats probably what they want and will get.

Disney needs to stop thinking it will loose its "family" atmosphere behind the name and take ALL of these stupid cases all the way to a jury, win them which they would, to show the idiot people like this family that they cannot earn a quick dollar from disney.

This family is now basically going to be rich for a while for nothing while we all work and work and work for our hard earned money.

And we have to pay more and more to visit because of ridiculous expenditures like this one.

Its just like when people sue restaurants because they burned themselves on coffee that was too hot. It just makes you look petty and opportunistic.

 

[sublimesting]

A family is suing Disney World saying that their son suffered severe burns from nacho cheese that was scolding hot. Here is the article about it.

http://www.orlandosentinel.com/busi...t-child-burned-cheese20110210,0,2488936.story

The EXACT same thing happened to me! Except it wasn't nacho cheese it was a very hot chili bean that got adhered to the roof of my mouth as it burned and blistered it. It hurt so bad I needed a Dole Whip but I couldn't get one since I was at home....and it was last night It was my own chili and I couldn't sue anyone.

What am I to do?!

I clearly have a blister. Someone must be at faul...... oh yeah Bush's Beans is at fault! I should have been warned not to heat them up so much.....Kenmore. Yup Kenmore is also at fault. By the way so are the Grunbacks for selling me the house and including the appliances. Also, I am suing the person who started this thread for bringing this all up....and Steve also will be sued, as well as the internet overlords who run this whole world wide web.

Plus Disney.

 

[juniorthomas]

I burned the roof of my mouth on some macaroni at Columbia Harbor House one time. My family and I are four of the only people on the planet that now have lifetime passes to all Disney parks.:lookaroun

Yeah except for every member of the Disney family and the whole of Disney's upper management. You and all of them.

 

[Coach81]

If the kid is "permanently scarred" then they should seek compensation.. if not.. shame on them.How did the cheese get put on his face? Who was really negligent here?

 

[sublimesting]

I burned the roof of my mouth on some macaroni at Columbia Harbor House one time. My family and I are four of the only people on the planet that now have lifetime passes to all Disney parks.:lookaroun

I am assuming you are kidding but if not....worth it!

 

[Phonedave]

Its just like when people sue restaurants because they burned themselves on coffee that was too hot. It just makes you look petty and opportunistic.

While I will be first in line to say many lawsuits should be thrown out of court, if you are referring to the McDonald's one, it was legit. It's too long to go into here, but some Googling will give you the details. What is particualry telling is that the woman who burned herself tried to do "the right thing". She was burned with McD's super-hot coffee. She needed skin grafts to her crotch (ouch). When all was said and done, she went to McDonald's and said (not a suit, just asked) "can you cover my insurance co-pays?" No pain, no suffering, no free Big Mac, not even anything for the time she was in the hospital, just her documented co-pays. McD's told her to go pound salt. That is when she sued.


As for the cheese dispenser. It it a heated bucket that is recessed into the counter. The top is about the size and shape of a dinner plate. There is a pump spout that comes out of the top. There is a sign on the lid that says "Caution - Hot Cheese". The same ones are used all over the place. Not just in WDW.

http://www.concessionstands.com/s.nl/sc.2/category.420/.f

Looks like those, but built into the condiments bar.

Most of these use a hot water bath to keep the cheese hot.

As for the suit. I don't know what temp WDW cheese it at. It is hot, but it is hot cheese after all. I could see a first degree burn from getting cheese on your face, AS SOON AS IT COMES OUT OF THE PUMP. But to get the damage that kid has, it seems to me it had to be left on for quite some time. I don't want to speculate how, but I have some ideas.


-dave

 

[mcjaco]

I posted this elsewhere.....but as a Liability Claim Rep in a previous life, there's a lot that goes into both sides of these claims, especially when child is hurt.

Not sure on Florida's Statute, but it's probably 12 months. The parents are just probably protecting their interests, should they need to file suit before the statute runs. My guess is that they have been working with Disney (who administers claims through a TPA), in settlement before it gets that far. Another guess, is that they're having issues with trying to resolve amounts for permanent disability, possible permanent scarring, etc. Or, that there's a good liability argument on Disney's side, that the report isn't privy too. Perhaps the cheese is within the manufacturer's recommended temperature for serving, and it's been tendered to the manufacturer for defense of the claim, and they're sitting on settling. Trust me, I've been there before, and handled too many claims like this. Nothing is black and white. It's all varying shades of grey. And that's without putting monetary limits on anything.

There's some serious flawed thinking on both sides of arguments posted here. Unless you have full knowledge of the legal liability system, and all aspects to the claim.......it's best to sit back and remain an observer.

For those of you using the McDonald's case as "stoopid" Americans, the only stupidity in that case, is the fact that the media took the story and ran with it. And everyone took to that side of the story. The case was legit. It was the jury that gave out a ridiculous settlement amount (I believe 2.3 MIL), but the judge ended up chaging the award to $480,000.

 

[juniorthomas]

I posted this elsewhere.....but as a Liability Claim Rep in a previous life, there's a lot that goes into both sides of these claims, especially when child is hurt.



For those of you using the McDonald's case as "stoopid" Americans, the only stupidity in that case, is the fact that the media took the story and ran with it. And everyone took to that side of the story. The case was legit. It was the jury that gave out a ridiculous settlement amount (I believe 2.3 MIL), but the judge ended up chaging the award to $480,000.

Which is still a lot of money for a lapse in common sense. Knives don't have warning labels on them, but I'm not about to net half a million dollars for cutting myself.