Food poisoning claims with Disney

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Runmyhorse

Well-Known Member
My daughter had food poisoning about five minutes after eating at a certain restaurant in disney. It was terrible two days if it.
 

Hot Lava

Well-Known Member
It would likely never get anywhere near a lawyer without actual proof.

Anyone can make this claim and file suit. Disney would have an attorney deal with. It doesn't matter if it was immediately dismissed, a lawyer for Disney would still be involved. A Disney CM cannot just say to a person that there claim has no merit and that is the end of it. That claimant can still file suit, even with zero real evidence. How far it survives is another matter.

[/QUOTE]No but I do expect proper tracking of possible incidents.[/QUOTE]

Unfortunately, it does not behoove Disney to track these unless legally mandated to do so. If they did, there is the possibility of that being used against them in a case, showing a pattern or practice or negligence. Disney is not going to do something they do not have to do that if there is even a small risk it could bite them.

I think the best you can do is call whatever entity in that area responsible for restaurant inspections. Now they would (hopefully) keep records of all claims.
 

Hot Lava

Well-Known Member
I worked in a restaurant that was sued by a lady who admittedly been snorting coke and drinking for 8 hours before she came in for dinner. She fell down the stairs where a waiter carrying a heavy tray simply stepped over her on the way up the stairs which P'ed her off so she sued us for having stairs that were 1 inch to narrow. End result she got nothing because she was some crazy lady from up North but people threaten lawsuits continually on restaurants. Why on earth they do this I don't know but the customers always right??? No they aren't.

As far as insurance, oh ya if you are out of network etc. the bill can be 10K in a blink of an eye.

I am surprised she got nothing; FL is comparative negligence state. So it seems that she should have received something, as stupid as that seems. Maybe she had a bad lawyer and/or your restaurant had a really good one. :)
 

lazyboy97o

Well-Known Member
My daughter had food poisoning about five minutes after eating at a certain restaurant in disney. It was terrible two days if it.
As has been said and cited several times, food related illness is typically not caused by the last food eaten.

Anyone can make this claim and file suit. Disney would have an attorney deal with. It doesn't matter if it was immediately dismissed, a lawyer for Disney would still be involved. A Disney CM cannot just say to a person that there claim has no merit and that is the end of it. That claimant can still file suit, even with zero real evidence. How far it survives is another matter.
Somebody filing a law suit is quite different from going to Guest a Relations as has been discussed here.
 

The Mom

Moderator
Premium Member
Another problem is that "food poisoning" is not always from food. I know of instances where it was due to contaminated water. We had an epidemiologist with us, who was able to do a true case history. The first person in the group to get sick was feeling a little unwell before dinner, or otherwise we might have blamed the restaurant. My husband and I were not affected that time - he had spent the day with the others, but did not drink the water on the golf course. I was not with them. Interestingly, the person who felt the effects earliest also drank the most water during the day (frequently refilling his water bottle from one of those big coolers)

My husband and I got sick from well water (or maybe the fact that we were visiting friends who had both a well and a toddler) We got sick after dinner, and might have blamed the restaurant. But the time frame was off.

Unless you have an epidemiologist, and a large pool of people, it's hard to pinpoint the source. Even the change in water can be a cause of GI upsets. When I first moved to FL, the tap water caused "issues" because of the different minerals in it. I've noticed the same thing while traveling. The locals can tolerate the water supply - travelers have problems.
 

Club Cooloholic

Well-Known Member
As has been said and cited several times, food related illness is typically not caused by the last food eaten.


Somebody filing a law suit is quite different from going to Guest a Relations as has been discussed here.
OK, I am getting a little tired of your continued claims about how often Food Poisoning occurs and how fast it occurs. It can happen within hours, and again most people on vacation in WDW are eating nothing but food provided by Disney.
http://www.mayoclinic.com/health/food-poisoning/DS00981
 
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lazyboy97o

Well-Known Member
OK, I am getting a little tired of your continued claims about how often Food Poisoning occurs and how fast it occurs. It can happen within hours, and again most people on vacation in WDW are eating nothing but food provided by Disney.
http://www.mayoclinic.com/health/food-poisoning/DS00981
Hours is not minutes or right after. That says nothing about the fact that in most cases it is not the last food eaten. Unless you are only eating at one place at Walt Disney World, that fact remains in place and it was elsewhere on property that might have made you sick. That doesn't change no matter how much you want it to change.
 
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The Mom

Moderator
Premium Member
OK, I am getting a little tired of your continued claims about how often Food Poisoning occurs and how fast it occurs. It can happen within hours, and again most people on vacation in WDW are eating nothing but food provided by Disney.
http://www.mayoclinic.com/health/food-poisoning/DS00981

Please keep your temper in check. Thank you.

I edited your post earlier and removed the rude remark you made - and also removed it in the quote. I DID NOT edit the information you gave. I'm sorry that you consider that unreasonable, and a reason to leave the forum.

I gave an opposing viewpoint that there are other sources of "food poisoning" that have nothing to do with restaurants, and that without a large pool of people and an Epidemiologist it is very, very difficult to pinpoint the source, so WDW may or may not be to blame (or may or may not be able to have prevented the problem, unless they can control all guest behavior). Do guests get sick due to negligence in food preparation on WDW's part? Of course they do. Do they get sick due to other factors? Of course they do.
 
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Club Cooloholic

Well-Known Member
Please keep your temper in check. Thank you.

I edited your post earlier and removed the rude remark you made - and also removed it in the quote. I DID NOT edit the information you gave. I'm sorry that you consider that unreasonable, and a reason to leave the forum.

I gave an opposing viewpoint that there are other sources of "food poisoning" that have nothing to do with restaurants, and that without a large pool of people and an Epidemiologist it is very, very difficult to pinpoint the source, so WDW may or may not be to blame (or may or may not be able to have prevented the problem, unless they can control all guest behavior). Do guests get sick due to negligence in food preparation on WDW's part? Of course they do. Do they get sick due to other factors? Of course they do.
I do not believe the comment was rude and you should have left it in there, I mean really read it and you tell me what's so rude about it. There was no insult there, just a statement of how I felt. I believe in actual research to back up a statement, something that poster was not providing or you for that matter.
Also want to add that what is rude is telling people that dealt with a horrible illness(in my case my poor daughter vomiting all over in the middle of the park) that they are wrong about how they think they got sick and to assume anything was wrong with their food.
Call it food poisoning or norovirus, it usually boils down to contaminated food.
 
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George

Liker of Things
Premium Member
I get sick from food at WDW all the time. When my family is taking a longer vacation, we typically will pack a well cooked pork loin. My habit is to wrap my t-shirts around the loin, so it will fly down to Florida with us in our luggage and my t-shirts will have that wonderful Simon and Garfunkel (Parsley, Sage, Rosemary, and Thyme) smell. Then, we will store the loin along with the mayo drenched subway sandwiches we purchased at our airport on top of the dresser with some forks and knives (one for each of us because we're sanitary!) and we'll rip into our bounty throughout or ten day stay. I've noticed that during the end of our 10 day stay, stomach issues are not uncommon. Last trip, I'm pretty sure it was some of that overly bitter Starbucks that did me in! Bad on you Disney! :devilish:
 
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The Mom

Moderator
Premium Member
I do not believe the comment was rude and you should have left it in there, I mean really read it and you tell me what's so rude about it. There was no insult there, just a statement of how I felt. I believe in actual research to back up a statement, something that poster was not providing or you for that matter.
Also want to add that what is rude is telling people that dealt with a horrible illness(in my case my poor daughter vomiting all over in the middle of the park) that they are wrong about how they think they got sick and to assume anything was wrong with their food.
Call it food poisoning or norovirus, it usually boils down to contaminated food.

IMO, your comment was rude. So I deleted it.



You may be absolutely correct in your assessment; you may be absolutely wrong. But we were just pointing out that not every case of "food poisoning" is actually caused by food, so unless samples were taken of both stool and food, or a complete 48 hour history is taken that lists everything contacted or ingested, along with others who have similar symptoms and history, it is very difficult to be certain. A most likely diagnosis is just that - more likely than not. I am basing this upon personal experience (which included microbiology as relates to illness) looking at the link you provided (along with others) but delving a bit deeper and by numerous conversations with my BIL who is an Epidemiologist.

Your daughter's terrible reaction could possibly have been caused by something else. As I mentioned, we would probably also put the blame on restaurant food had not one of our party started feeling a little "off" prior to going out to dinner (he stayed home) - and he was the one who drank the most water. He started having GI symptoms 2-3 hours before his parents - he was already symptomatic when we returned from dinner around 10PM. His mother got sick around midnight, and his father around 2AM. No one else in the group of 14 got sick. They had an 8AM tee time, so the timing was within range.

Was your daughter's illness more likely than not food poisoning? Probably. But we are only saying that food poisoning due to contaminated food is not the only possibility.
 

BryceM

Well-Known Member
My daughter had food poisoning about five minutes after eating at a certain restaurant in disney. It was terrible two days if it.
I think food poisoning occurs at about 6-8 hours after eating that food, or some time like that. I don't think it could have been from that restaurant you ate at 5 minutes earlier. We learned this at some course we had to take at the restaurant I work at.
 

jamesgf

Active Member
I don't understand why everyone is denying the possibility of food poisoning here. The food is most likely prepared in large quantities and kept warm, all it takes is one contaminated finger/utensil touching the bulk food and a slight deviation in temperature to make people sick.

That being said, even though on 2 of our last 3 trips someone was sick with food poisoning like symptoms, I have never expected any sort if monetary compensation as it is just to difficult to prove where it came from and I just accept it as part of life. Sometimes people get sick.
 

Hakunamatata

Le Meh
Premium Member
Also want to add that what is rude is telling people that dealt with a horrible illness(in my case my poor daughter vomiting all over in the middle of the park) that they are wrong about how they think they got sick and to assume anything was wrong with their food.
here is where as a culture we are all jacked up. It's not rude to tell someone they might be wrong just because someone has had to deal with some adversity.
 

The Mom

Moderator
Premium Member
I don't understand why everyone is denying the possibility of food poisoning here. The food is most likely prepared in large quantities and kept warm, all it takes is one contaminated finger/utensil touching the bulk food and a slight deviation in temperature to make people sick.

That being said, even though on 2 of our last 3 trips someone was sick with food poisoning like symptoms, I have never expected any sort if monetary compensation as it is just to difficult to prove where it came from and I just accept it as part of life. Sometimes people get sick.

I'm not denying the possibility of food poisoning, only pointing out that it could be something else that may or may not been under Disney's control. edited to add the the OP wanted WDW to pay medical expenses, which is why the possibility that it might not have been food poisoning contracted at a WDW restaurant was raised I'm just questioning the assumption that getting sick shortly after eating automatically equals food poisoning from what you've most recently eaten.

We eat at least 3 times a day, so there is a good likelihood that if we have any sort of GI symptoms we have eaten recently. That doesn't automatically mean we got sick because of something we most recently ate. It could be, and since food is the most common way for germs to get into our GI tract, it is even most likely. But not 100% certain UNLESS a full work-up is done. Which only happens if a lot of people get sick after eating at the same place, or eating the same products. And even then, despite intensive testing, sometimes a certain point of contamination is not discovered.
 
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lazyboy97o

Well-Known Member
I don't understand why everyone is denying the possibility of food poisoning here. The food is most likely prepared in large quantities and kept warm, all it takes is one contaminated finger/utensil touching the bulk food and a slight deviation in temperature to make people sick.
Nobody has ever denied the possibility of food-borne illness at Walt Disney World, the problems at Disney's Animal Kingdom clearly show that is not the case. What is being denied is the validity of self diagnosis and self pointing to a cause. There are far too many variables (actual illness and cause) to be able to make any sort of definitive statement.
 

Goofyernmost

Well-Known Member
This discussion is starting to make me nauseous! I must have contaminated post poisoning. I'm going to blame somebody for this! MEG where the hell are you? Seemed appropriate for this thread! Go get um MOM!
 

Hot Lava

Well-Known Member
As has been said and cited several times, food related illness is typically not caused by the last food eaten.


Somebody filing a law suit is quite different from going to Guest a Relations as has been discussed here.

My response was to your comment that a claim would never make it to a Disney lawyer.
 

The Mom

Moderator
Premium Member
Nobody has ever denied the possibility of food-borne illness at Walt Disney World, the problems at Disney's Animal Kingdom clearly show that is not the case. What is being denied is the validity of self diagnosis and self pointing to a cause. There are far too many variables (actual illness and cause) to be able to make any sort of definitive statement.

Unless an ER doctor takes stool & blood samples from both patient and employees, and also a sample of the food, it is impossible to make more than a "more likely than not" diagnosis. If a patient shows improvement , this isn't usually done. If a patient gets worse, THEN it becomes more important to have an accurate diagnosis and identify the exact cause - a "more likely than not" isn't good enough anymore.
 
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