Disney World Lawsuit

[Phonedave]

^ See, that's what I was getting at many pages ago. There very likely could be a tender of defense in this case to the cheese manufacturer. If Disney supplied the cheese at the recommended temperature per the manufacturer, it would start to lean more towards a product claim, which Disney could be absolved of even more liability. We don't know that though, as we don't know if the temperature was too hot.

And yes, in your case, it would likely be both parties. More on the Day Care, as it's their responsibility first and foremost to provide care to the child.

To be really picky, most Day Care establishments will NOT take a chile off premis without parents permission, unless it is in case of an emergency.

Going to get some hot cheese is not an emergency.

-dave

 

[Phonedave]

Right, and that's really my primary point. Even if Disney is liable for serving the cheese too hot, the parents are really more responsible because they didn't ensure the child's safety.

Too bad the kid can't collect damages from the parents. lol.

It could happen. Sort of.

I was sued once. Without getting into details, the kid's parents appeared to sue me. A little investigation revealed that they were the kids foster parents - not the birth parents. They dropped the case when their possible culpability was noted and DYFS was mentioned. Then the birth parents sued both me and the foster parents.

Did I mention the foster mother was the birth mothers sister?

I so love, love, LOVE what people do with the legal system at times.


-dave

 

[fosse76]

Right, and that's really my primary point. Even if Disney is liable for serving the cheese too hot, the parents are really more responsible because they didn't ensure the child's safety.

Not really. Accidents happen every day, and the majority of them are a result of the victims' actions. Disney did not cause the accident with this child. However, they ARE responsible and liable for the damage. It's not their fault that the cheese was spilled, but it is their fault that it caused severe burns. You can blame the parents all you want. The fact that the hot cheese was spilled did not cause the burns, the temperature at which Disney served it is. Disney created the conditions for the injury.

Let's say my neighbor recently waxed his kitchen floor, and then invites me over for coffee. He asks me to wait in the living room, yet I still decide to enter the kitchen to help him. Let's say I slip on the floor and chip my tooth. Yes it was an accident, and yes it was my own stupidity for entering the kitchen knowing it was waxed. But my slipping is the direct result of my neighbors actions, because he created the conditions that felled me. This is what liability law is really about, and once again, it is why we have a court system: to determine fault.

 

[WondersOfLife]

Might as well sue for having a parent take a child out during the middle of stitch's great escape...:animwink:...no literally...:lookaroun