Yup
Originally posted by Jeremy22
Say what you want about "parents should do this or that"... The law would ask: Is it reasonable for Disney to expect a child to jump from the car and get hurt on Spaceship Earth. If so, then did Disney make a reasonable attempt to keep this from happening. If not, then Disney could be found negligent by a jury based on the facts of the case. That's why there are all those safety warnings now -- to demonstrate that Disney is taking every precaution to keep every guest safe on Spaceship Earth.
Exactly.
I believe that it is reasonable to expect a child to do just about anything while on a ride. Which raises the question, does WDW take reasonable measures to prevent this? Without getting too deep into the definition of "reasonable" and the "reasonable person" standard, we do know that WDW uses audio announcements - sometimes followed en Espanol. Now, there are those that say parents/kids are stupid for not following these safety spiels. But I must ask those people, is it "reasonable" to assume that all guests to WDW speak either English or Espanol? If that were the case, park guide maps would only need be printed in English or Spanish. The fact that they are printed in multiple languages acknowledges that park guests may actually extend beyond the English/Spanish speaking population. Considering that some guests do not understand the safety spiels, audio warnings do not benefit those guests. What other precautions is WDW taking to ensure the safety/understanding of those guests? "Common sense?" There are plenty of things about other cultures that make absolutely no sense to us, and vice versa. So the "common sense" argument is not always valid.
This may not directly relate to the thread topic case, but it does illustrate a point. Every guest has a subjective experience at WDW - which includes the perception of safety on an attraction.
There are also those who say that parents are not properly supervising their children. I gaurantee that 100% of the people who visit this message board at one point in their life directly defied their parents' demand, rules, etc. The mere fact that they were successful in a single or multiple defiance illustrates that no parent can have 100% control over their child's behavior. If parents did have 100% of control, than many of us would not be able to have an experience of disobedience.
Someone said that some people go for holiday, and others to make money (from a lawsuit.) To make this statement is to allude that the parents in this (or any other) case intentionally placed the child in harm's way. I suppose the trip-planning conversation would go a little something like this:
Bob (father): Wouldn't it be nice to retire right about now? I've got an idea, let's go to Disney World next week and bring Timmy.
Sally (mother): Are you thinking what I'm thinking?
Bob: I was thinking that we could throw Timmy into the tracks on one of the rides. Maybe that big golfball ride at epcot.
Sally: If we time it right, Timmy would be sure to get hurt pretty bad, and we could then sue Disney and get millions!
Bob: Exactly, then we could retire next week.
Sally: We have to make sure he doesn't die, because pain and suffering settlements always get five times as much as wrongful deaths do.
Bob: I'll go tell Timmy to start packing.
Is this scenario likely? No.
My point?
While the majority of the posts in this thread side with WDW, it seems that many fail to take a more intellectual understanding of the parent's position. I would be willing to bet that - as a parent willing to take a child to WDW in the first place - any parent whose child is badly injured on a ride - would much rather the injury not have happened than settle for money.
Just ask yourself, how much money would someone have to pay you to have one of your legs torn off? If you cannot think of an amount, then you are beginning to understand.
Tk
:lol:
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