Disney World Lawsuit

[mcjaco]

OK maybe I'm naive but......... I have complete faith that Disney has a huge team of lawyers making sure they always follow the manufacturer's instructions, etc.

Yes, lawyers are constantly walking around the parks making sure the CM's are following manufacturer's instructions to the letter.


That is naive.

 

[pax_65]

Now you're talking about attactive nuisance cases. That's a whole different ball game. Especially when it comes to kids.

I get what you're saying about the preparation and serving temperature of the cheese. If Disney failed to follow protocols and served cheese that was dangerously hot, I can appreciate where they might have some liability. Because there comes a point where you're contributing to a potentially dangerous situation. You're turning a routine accident into a life-changing tragedy. So... fine. If the parents really think that's the case here, let's explore that and get to the bottom of it.

But what I'm saying is that the lawsuit could be brought even if Disney did nothing wrong. Let's say the cheese was the correct temperature - just plain old hot. Or maybe it was hot soup, coffee, or tea on that tray.

Are we really going to get to the point that you have to sign a waiver in order to get served hot food?

 

[Mammymouse]

^ And I believe the original report was that the child tipped the tray, and it spilled on him.

EDIT: I was right:



I am not saying there isn't liability on Disney's part. This goes far beyond "common sense" in legality, and normal circumstances.

Again, there's more to this case than parenting 101. Which by today's standards most people couldn't pass anyway.

I thought that the heated cheese was in a specific dispenser that had a spout (as Phonedave showed us) and the cheese is to be dispensed/pumped though the spout onto the chips, just like ketchup and mustard go onto burgers. Therefore the cheese is not to be squirted into a cup that could have spillage problems. Isn't that the definition of Nachos? Chips covered with cheese? A cup full of heated cheese is equally hot to the touch as well, so who was handling the cup of cheese to get it onto the tray?

Sorry to hear that this little child was injured. I can relate to a burn because many years ago when I was 16 I had taken a Swanson chicken pie out of the oven and set it on a plate. It was still in the little aluminum pan on the plate and when I sat down in a chair to watch TV carrying the plate, the tin slid off landing the hot pie on my thigh (I had shorts on). OUCH, BIG TIME!!! I ran to the tub and put cold water on it and I did get a big blister, and the wound did stay with me for months, but I healed well and it did not have lasting effects. But in this case of the child at Disney, I know what would go on if my granddaughter was in that situation near a tray. No one would be putting anything hot in a cup that didn't have a lid onto a tray that she would have access to.

 

[mcjaco]

I get what you're saying about the preparation and serving temperature of the cheese. If Disney failed to follow protocols and served cheese that was dangerously hot, I can appreciate where they might have some liability. Because there comes a point where you're contributing to a potentially dangerous situation. You're turning a routine accident into a life-changing tragedy. So... fine. If the parents really think that's the case here, let's explore that and get to the bottom of it.

But what I'm saying is that the lawsuit could be brought even if Disney did nothing wrong. Let's say the cheese was the correct temperature - just plain old hot. Or maybe it was hot soup, coffee, or tea on that tray.

Are we really going to get to the point that you have to sign a waiver in order to get served hot food?

And that's what we don't know, and none of the reports are saying. It's likely they're at thsi point to 1) file suit to protect their interests, 2) both sides feel there's legal liability on both parties, and 3) quantifying the amount of liability in monetary terms can be difficult.

I'm not saying the parents are completely without fault here, but to admonish them as bad parents that should be watching their kid at all times, is irresponsible thinking too. Kids do do, the darndest things.

I thought that the heated cheese was in a specific dispenser that had a spout (as Phonedave showed us) and the cheese is to be dispensed/pumped though the spout onto the chips, just like ketchup and mustard go onto burgers. Therefore the cheese is not to be squirted into a cup that could have spillage problems. Isn't that the definition of Nachos? Chips covered with cheese? A cup full of heated cheese is equally hot to the touch as well, so who was handling the cup of cheese to get it onto the tray?

Again, we don't know. Maybe they put it in a condiment cup because the kid likes to dip the chips, then the kid reached up, grabbed the tray, and the cup slid off. The only thing I can surmise (which is almost as bad as assuming) is that if the cheese was liquid like consistancy, it was likely too hot.

 

[jvenegas]

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

:roflol::roflol::roflol:

 

[dvader15]

This is an ABSOLUTE JOKE!:brick: I feel bad for the kid, but where were the parents.:shrug: Sadly this country is sue happy. I'm waiting for the day when someone gets burned using a match and sues the Diamond match company because the box didn't say it was flammable. This country is in a sad state.

 

[Phonedave]

I thought that the heated cheese was in a specific dispenser that had a spout (as Phonedave showed us) and the cheese is to be dispensed/pumped though the spout onto the chips, just like ketchup and mustard go onto burgers. Therefore the cheese is not to be squirted into a cup that could have spillage problems. Isn't that the definition of Nachos? Chips covered with cheese? A cup full of heated cheese is equally hot to the touch as well, so who was handling the cup of cheese to get it onto the tray?

WDW (as do many other fast food locations) provides little paper cups that you can put cheese/catsup/mustard/mayo or anything else you want into.

Remember those little pleated paper rinse cups dentists used to have? They are like little versions of that. They are all over the place, including near the cheese.

Many many many people fill them with hot cheese and put them on their tray. I have done it myself. Here is one with ketchup in it.

Still, I am of the opinion that when you fill the cup with cheese you know it is hot (you can feel it). If you then have a four year old, you do not put a tray (with cheese or otherwise) in such a position as to permit them to spill it on themselves. If you do, then it is your fault.


-dave

 

[juniorthomas]

WDW (as do many other fast food locations) provides little paper cups that you can put cheese/catsup/mustard/mayo or anything else you want into.

Remember those little pleated paper rinse cups dentists used to have? They are like little versions of that. They are all over the place, including near the cheese.

Many many many people fill them with hot cheese and put them on their tray. I have done it myself. Here is one with ketchup in it.

Still, I am of the opinion that when you fill the cup with cheese you know it is hot (you can feel it). If you then have a four year old, you do not put a tray (with cheese or otherwise) in such a position as to permit them to spill it on themselves. If you do, then it is your fault.


-dave

May I have some of those fries? Bucket fries look tasty.

 

[mcjaco]

Still, I am of the opinion that when you fill the cup with cheese you know it is hot (you can feel it). If you then have a four year old, you do not put a tray (with cheese or otherwise) in such a position as to permit them to spill it on themselves. If you do, then it is your fault.

Then you must have exceptional control of your surroundings and kids.

 

[RSoxNo1]

This is a reflection of the decline of common sense. I have no sympathy for this.

 

[Raven66]

Then you must have exceptional control of your surroundings and kids.

When you have kids you have to have exceptional control of them and your surroundings.

 

[AEfx]

When you have kids you have to have exceptional control of them and your surroundings.

Yup, and that's what a lot of people don't have.

They expect the world watch out for their kids, not to make sure your kids are safe in the world. No responsibility.

They also are going on about a "wobbly chair". Well, is Disney supposed to send someone around every hour to check on every chair they have in every restaurant? Perhaps the parent should have checked the chair before seating the child in it, and not placing hot food directly in front of the child, etc.

I feel bad for the kid...mostly because he's being use by opportunistic parents, which doesn't speak well for the rest of their parenting abilities.

I've seen the supposed picture, if that happened because of hot cheese, they must have left it on for an hour and kept reapplying it. It just doesn't make any sense, none of the story does.

 

[Raven66]

Yup, and that's what a lot of people don't have.

They expect the world watch out for their kids, not to make sure your kids are safe in the world. No responsibility.

They also are going on about a "wobbly chair". Well, is Disney supposed to send someone around every hour to check on every chair they have in every restaurant? Perhaps the parent should have checked the chair before seating the child in it, and not placing hot food directly in front of the child, etc.

I feel bad for the kid...mostly because he's being use by opportunistic parents, which doesn't speak well for the rest of their parenting abilities.

I've seen the supposed picture, if that happened because of hot cheese, they must have left it on for an hour and kept reapplying it. It just doesn't make any sense, none of the story does.

My daughter is 14 and I still tell her when something is hot. It's just hard to believe that one of them didn't test the cheese first. And to put the tray where a little kid can reach it is crazy. I'm not saying they are horrible parents, but accidents happen and they need to take some responsibility for their part in it. They made it possible for the kid to get a hold of it.

 

[AEfx]

My daughter is 14 and I still tell her when something is hot. It's just hard to believe that one of them didn't test the cheese first. And to put the tray where a little kid can reach it is crazy. I'm not saying they are horrible parents, but accidents happen and they need to take some responsibility for their part in it. They made it possible for the kid to get a hold of it.

Exactly. It sounds like the parents/lawyer know this, which is why they are including the part about the "wobbly chair".

It was self-serve, someone had to pump it out for the kid into one of those little paper cups. If it was so scalding hot the adult should have felt that when filling the cup and not given it to the child.

It's also very strange that the cup up-ended and somehow landed right on his lips. That's quite a coincidence...

 

[franksharonri]

It looks like from the picture, it shows most of the burns on the lips, mainly the upper lip area. That makes me think that the child may have tried to drink it even though the parents stated otherwise. It's just a theroy.

 

[mcjaco]

They also are going on about a "wobbly chair". Well, is Disney supposed to send someone around every hour to check on every chair they have in every restaurant? Perhaps the parent should have checked the chair before seating the child in it, and not placing hot food directly in front of the child, etc.

Again, there is legal basis in this argument. If they had notice of the chair being defective, legally they must take steps to remedy it before it's used again.

If you don't know the legal arguments to these allegations, well........I've said it already.

And no one has complete and utter control of their kids actions.

Sorry, Disney is probably more legally liable in this case than the parents.

 

[juniorthomas]

Yup, and that's what a lot of people don't have.

They expect the world watch out for their kids, not to make sure your kids are safe in the world. No responsibility.

They also are going on about a "wobbly chair". Well, is Disney supposed to send someone around every hour to check on every chair they have in every restaurant? Perhaps the parent should have checked the chair before seating the child in it, and not placing hot food directly in front of the child, etc.

I feel bad for the kid...mostly because he's being use by opportunistic parents, which doesn't speak well for the rest of their parenting abilities.

I've seen the supposed picture, if that happened because of hot cheese, they must have left it on for an hour and kept reapplying it. It just doesn't make any sense, none of the story does.

Though its not at all funny, I cant help but laugh at the scene of parents applying cheese to a kids face, despite his pleas that he doesn't want any more.

 

[juniorthomas]

Again, there is legal basis in this argument. If they had notice of the chair being defective, legally they must take steps to remedy it before it's used again.

If you don't know the legal arguments to these allegations, well........I've said it already.

And no one has complete and utter control of their kids actions.

Sorry, Disney is probably more legally liable in this case than the parents.

Your legal prowess apparently holds no sway here. In a courtroom, you win easily. In a Walt Disney World forum thread, you lose. Logic here folds to snarky comments and rumors from bus drivers. Legal reasoning doesn't even scale.

 

[mcjaco]

In a Walt Disney World forum thread, you lose.

I know. I keep hoping one day someone will finally realize that Disney isn't infallible in lawsuits brought against them. They aren't perfect. And neither are parents, and especially the legal system.... :zipit:

 

[Master Yoda]

I know. I keep hoping one day someone will finally realize that Disney isn't infallible in lawsuits brought against them. They aren't perfect. And neither are parents, and especially the legal system.... :zipit:

If it makes you feel any better I realize it.:wave: