I am sorry for this family for losing their child. However, it is the lawyer :fork: who accepts a case like this that makes the family look money-hungry. Please know it is the lawyer who sees that even if this case is a loser, it is technically a winner for him - large corporations tend to settle BEFORE trial to insulate themselves from large verdicts, even if there is no liability. I have worked in the legal system for years and these families go in to talk to see if they can be reimbursed for funeral expenses, etc. and the lawyer tells them it's a great case. And why not? The family doesn't pay a penny unless they "win (or settle)" and out of that, the lawyer recovers his disbursements and (at least in NYS) 1/3 of the total settlement up to $250K, then a sliding scale, taking just short of 1/2 of whatever is recovered. If any personal insurance policy has reimbursed this family for this incident (hospital expenses, coroner, funeral, etc.), they will take a lein out on the proceeds of the case. If not, it's called "double dipping" If that is the case, I have seen families recover nothing but the lawyer and insurance company are all made whole. Blame the lawyers, not the family.
It is a horrible thing to say, but this matter upsets me. Children are priceless, and if money is the thing that helps these people cope with the loss of their boy then all they are doing is putting a price tag on him. That's just how I see it and I don't think it's right, especially for suing the bus driver as well. Makes it look like a homicide.
Should the Gillig corporation(maker of the bus) be sued for carelessly designing a vehicle capable of such an accident? Just saying…
I'll answer for me...Just to be clear, if you lost a child due to the negligence of another, you would accept no financial compensation? And if you didn't know for sure, but thought there MIGHT be a possibility that someone else was even slightly responsible for your child's death, you would not try to hold that individual (or corporation) accountable?
Well it's big and heavy so I'd say it's design is flawed. Just like a small plane crash a while back where everyone who had a part in that plane was sued, including the manufacturer of the seats.If the bus was in fact negligently designed and that did in fact cause the accident, then yes.
I am referring to accidents or a case of no fault of the other person that might be in the accident. Im referring to if the accident is my child's fault. How many cases do we hear about yearly where a person dies to negligence or his/her own fault, or even as they say "an act of god" and they sue. This is what Im referring too.Just to be clear, if you lost a child due to the negligence of another, you would accept no financial compensation? And if you didn't know for sure, but thought there MIGHT be a possibility that someone else was even slightly responsible for your child's death, you would not try to hold that individual (or corporation) accountable?
Ok, I guess you are in my ".001%".I'll answer for me...
No. I wouldn't.
... and I would forgive eventually. I see other alternatives to 'holding someone accountable'.
"Where" exactly in the legal system do you work? I ask because I can tell you there are at least a couple fundamental misconceptions in your post about how the legal system operates.
Spoken from insider knowledge, without doubt.....
And I'm still unclear as how this suit applies to your hatred of people. But, to each their own......
I really wish you people had a real understanding of our court system before making baseless claims regarding the merits of a lawsuit. Are you privy to ALL the facts? And simply because Disney wasn't CRIMINALLY liable, they most certainly CAN be CIVILLY liable.
I don't know the facts or merits of the case. Neither do any of you. You have no right to judge the parents as money-hungry opportunists. THIS is EXACTLY what our Court system is designed for. The Courts exists to determine the TRUTH of a particular matter. This is how it is supposed to work. Who are YOU to say it is frivolous.
Is it Disney's fault he is dead? Technically, yes. It was a Disney bus that killed him. The issue is to what extent is Disney liable for the death. Did they create the conditions that lead to this? And that can be measured any number of ways. That isn't for YOU or for ME to decide. That's the issues for a jury. And even if the family loses, that doesn't necessarily make them wrong for filing.
Also, keep in mind, that there is a statute of limitations to file any court action. Often times suits might be filed as a way to preserve the matter for court so that an action CAN be brought. Perhaps the family suspect that the investigation was wrong, or don't trust the results. The only way to get more information IS to file a suit so they can initiate discovery. We don't know the motives. Is it possible the family is exploiting their son's death? Yes, of course. But that alone still doesn't make this suit frivolous.
Why should Disney pay any restitution and lose civily for the parents negligence?
I'll answer for me...
No. I wouldn't.
... and I would forgive eventually. I see other alternatives to 'holding someone accountable'.
Again, as I said before, easy to say until you are the one burying your child.
I don't know. 99 out of 100 times I would agree with what you're saying, but in this case, where it's pretty clear by all accounts where the fault lies, I think I'd let it go. I mean, what is their argument in court going to be - "Yes your honor, we're irresponsible parents and our son was riding a bike with a deflated tire and there was a horrible accident, but we should be monetarily compensated anyways."
With all fairness, you dont know and cant predict what BwanaBob might have already done. Not trying to argue, but neither of us know what he has and hasn't already done and you cant speak for what I would do and I cant speak for what you would do.Again, as I said before, easy to say until you are the one burying your child.
The kid was riding an unsupervised bike, in an area the family is unfamilar with and on a bike with a flat tire. Sounds to me like the parents should be held responsible for this.
Why should Disney pay any restitution and lose civily for the parents negligence?
With all fairness, you dont know and cant predict what BwanaBob might have already done. Not trying to argue, but neither of us know what he has and hasn't already done and you cant speak for what I would do and I cant speak for what you would do.
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