Food poisoning claims with Disney

[RonAnnArbor]

Just as a heads up: GOOD LUCK. You are not going to get anywhere with Guest Services other than reporting the incident. You aren't going to get any kinds of out-of-pocket expenses reimbursed. While you can try to hire a lawyer, you will find that none will accept the case. Disney Inc is lawyered-up to the gills, and in this type of incident, there is absolutely zero proof that it came from Disney, i.e. no reasonable chain-of-proof. They can say you just as likely ate something else that caused it. NOW, you and I both know that you are right -- you got food poisoning from Disney -- but that will never hold in any legal proceeding. Your not going to get any type of reimbursement.

 

[jaklgreen]

Norovirus is an immediate illness. But you usually puke it out and are done with it and it does not linger for days. The problem is even though you "know" that this is where you got sick, It is so hard to prove that no place is going to admit that they could have given you food poisoning. They just say stuff like others are saying here some missconceptions how it was from other meals 3 days back. There are food illnesses that are right away and trust me you know it when it happens. Good luck

 

[copcarguyp71]

Did you contact the local board of health or inspections? I would lodge a complaint there first that way if others also report it (if in fact others got sick) then they are more aware of a widespread issue. Not too sure about suing/recompense. I have had suspected food poisoning several times and was always told that it was too difficult to prove the source. In any case I would start off with sugar before you resort to vinegar. Try the nice approach gently up the ladder before resorting to litigation. Just my thoughts though...take them for what they are worth.

Next time might I suggest travel insurance? We always use it and the peace of mind it allows is very nice to have. Thankfully we only ever had to use it once (on a non-Disney trip) but it was great to have and we were not out any money at all having it.

 

[Hakunamatata]

The problem is unless the hospital definitively identified the cause, just ruling out stuff is irrelevant. Highly unlikely it was food poisoning only after five minutes. More likely some other contaminant.

 

[copcarguyp71]

The problem is unless the hospital definitively identified the cause, just ruling out stuff is irrelevant. Highly unlikely it was food poisoning only after five minutes. More likely some other contaminant.

I think if I read it correctly the two people who got sick had onset symptoms within five minutes of eachother and not within five minutes of eating the food...at least that was how I read it.

 

[RonAnnArbor]

FYI >> Did you contact the local board of health or inspections?
That happens to be DISNEY -- who owns the entire Reedy Creek district and all governmental resources for Reedy Creek (i.e. WDW). It really IS its own world.

 

[The Empress Lilly]

Seek legal representation. Even if just an opportunistic ambulance chaser. (Why not, it's not your responsibility to take care the food you buy isn't off - it is the responsibility of the person serving this food to you and your children). In a civil law suit you don't have to proof beyond reasonable doubt that this food poisened you. Your claim only needs to be more believable than the one of your opponent. If you have a good medical record of the event that supports your claim, Disney might be willing to settle this out of court, ie, pay those expenses you've claimed.

Disney won't talk to you anymore - as they should, I wouldn't either.

 

[Rob562]

FYI >> Did you contact the local board of health or inspections?
That happens to be DISNEY -- who owns the entire Reedy Creek district and all governmental resources for Reedy Creek (i.e. WDW). It really IS its own world.

Actually, Reedy Creek does not oversee things like Restaurant Health and Safety. Those still fall under the jurisdiction of the state or county, however things are set up. RCID handles permitting for building. demolition, utilities; as well as essential services like fire, EMS and utilities.

It's just like OSHA still oversees workplace safety.

-Rob

 

[CaptainShortty]

I'm sorry for issues that you had on your vacation and the problems with Guest Claims. I will let you know that the reasons the managers won't speak to you has nothing to do with them being mean. It's company policy that one you ask for a guest claims card or comment on "suing Disney" or asking for any compensation for an issue like that, that you are only allowed to communicate about that issues with the Guest Claims department.

 

[Dads 2 Boys]

Sorry to hear of your problems and I wish you the best.

As a side note however, any physician who mentions, says or even insinuates they see many cases of food poisoning and blames WDW (or hints at impropriety) seriously risks their license and career. I would imagine the attorneys for Disney Parks probably wouldn't find that "ok".........

 

[songbird]

If you had any hope of settling this quietly you ruined it by registering and posting this story on multiple Disney message boards.

If you won't hire a lawyer you're wasting everyone's time.

If you do hire a lawyer you have serious proof problems and an uphill battle.

 

[Gabe1]

There's a couple of problems with your claim. Let me clarify, I'm not saying that what happened, in your mind, is not true, however, most food borne illnesses are not immediate. They usually have a gestation period before they start causing problems. If you didn't report your suspicions immediately they are not going to be proven unless a large number of people that ate the same thing, also are affected. (Someone mentioned that already). Since it was one of your daughters that got sick at the same time, it is possible that it was something that you got a couple of days before if you both ate the same thing.

No one will get off dead center and respond to you. Lawyers would have to be involved. A restaurant employee is not allowed to answer questions like that for fear that they might say something, like, I'm sorry to hear that, and all of a sudden, it becomes a phase used against them as a form of admitting to guilt.

I would recommend that you get legal representation, but, before you do that do some thinking about where you were and what you ate a few days previous to your illness. You might be blaming the wrong people.

I disagree with it isn't immediate. I've had food poisoning twice. Both times I became ill quickly and became sicker and sicker. One of the times I wished I would just die, meant it at the time. ER Doc likely wasn't an idiot when Doc went to Food Borne illness.

 

[backinaction]

wow this is a terrible story...I remember i got food poisoning in 2010 from checkers on 192 right infront of old town. it was from a bacon cheeseburger. about half way through i realized the bacon wasn't cooked and i took it off the burger... Well it was to late. That same night i got sick. I cant even describe how sick I was without shaking. It was awful but luckily it got out of my system in a day and didn't ruin the entire trip...
Can you please tell us where you were when you got sick? I'm leaving for Disney tom and I would like to try to avoid this place at all costs! (If there is nothing you can do to them legally, you should hit them where it hurts the most, in the wallet)

 

[Gabe1]

If you had any hope of settling this quietly you ruined it by registering and posting this story on multiple Disney message boards.

If you won't hire a lawyer you're wasting everyone's time.

If you do hire a lawyer you have serious proof problems and an uphill battle.

Something tells me the Doc is a credible witness, his treatment path and his/her tests and results.

I'd be interested to see if the Doc contacted FL Board of

I remember these reports:


http://forums.wdwmagic.com/threads/wdw-eat-at-your-own-risk-a-news-report.34300/

http://forums.wdwmagic.com/threads/cbs-news-is-at-it-again.51890/

http://koolaidmoms.wordpress.com/2011/07/22/crystal-palace-dinner/ read the part beneath the review.

 

[backinaction]

"A New Jersey woman who says she was sickened after eating chicken and pasta at The Brown Derby Restaurant in MGM Studios last October complained directly to Disney but when CBS4 tracked her down she wouldn't appear on camera because she says Disney paid her cash not to talk."
Interesting tidbit at the end of the article. Maybe people were wrong when they said you probably wouldn't get anything out of it?

 

[WDW 3]

Maybe it's just me but I am really put off by the need for compensation for something unintentional. Again I have to ask what kind of insurance would leave so much out of pocket?

 

[Gabe1]

Maybe it's just me but I am really put off by the need for compensation for something unintentional. Again I have to ask what kind of insurance would leave so much out of pocket?

Through 2009 the health reports were online and they have now been yanked, or moved and I can't find.
Most of the violations were petty and ticky tacky, the one I remember is a buffet and not keeping temps hot and cold enough. That is something that should be monitored always. There were others that made my hair stand on end, I needed to stop reading 'cause I'd never eat and I like to eat.

When I had food poisoning the first time it was from butter that was left at room temperature for too long and they in the kitchen buttered my toast.

 

[I_heart_Tigger]

Food poisoning is very difficult to prove. You could get a lawyer but unless you find at least 3 or 4 other cases of food poisoning for the same restaurant at the same time you aren't likely to get the full amount you want. Your best bet is to hope for some "shut up and leave us alone" money which if you get a lawyer and keep complaining you might actually get.

Your insurance company sounds like a fraud btw. I don't know what insurance you had but next time purchase from a valid insurance salesperson. Your medical, transportation, hotel stay, flight changes etc should have been covered. It would have been if you purchased a decent insurance plan. It's a tough lesson to learn but I'm sure you won't make the same mistake next time. Don't be fooled thinking your work coverage or credit card coverage will be very helpful in a real emergency.

Back to proving food poisoning. Without blood, urine and stool tests you may not have a valid claim. You need at least one if not all of these to rule out other maladies and prove where the illness came from. At a minimum you would need the stool sample test, if you don't have that you may not have a case.

You also need to have a sample of the food. If you don't have that the restaurant can easily claim that it wasn't from them. The doctors opinion that it was probably food poisoning really means nothing because the restaurant can claim that it could have been the flu (since no one else got it) or that you got it from a water fountain, or shared water bottle, or from a few hours (or even days) prior.

These are very basic and minimum things that would likely be required. If you don't have them I would chalk it up to a crappy point of your vacation and a lesson learned about insurance coverage and move on.

 

[Runmyhorse]

I do believe my daughter got it from disney too. I cant be for sure bit after eating at one of their dining places within five mint became very sick.lasted like 3 days. I tjought it was just cause of the greasy food.im not so sure it was. It was horrible. We are very careful what she eats when we go there due to it. Im told this is actually very common. I cant be certain this is what it was.

 

[real mad hatter]

Well, I am sorry to say, but it seems a bit "fishy" to me.

Ah Ha.So it was the Sushi.