Here it goes... Family sues Disney over April accident

TimNRA757

Member
Original Poster
Should the Gillig corporation(maker of the bus) be sued for carelessly designing a vehicle capable of such an accident? Just saying…
 

WDWFigment

Well-Known Member
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.

"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.
 

wm49rs

A naughty bit o' crumpet
Premium Member
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.

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......
 

BwanaBob

Well-Known Member
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?
I'll answer for me...

No. I wouldn't.

... and I would forgive eventually. I see other alternatives to 'holding someone accountable'.
 

TimNRA757

Member
Original Poster
If the bus was in fact negligently designed and that did in fact cause the accident, then yes.
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.
 

joel_maxwell

Permanent Resident of EPCOT
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?
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.

I will be extremely "clear", if it was the fault of an individual then yes, by law, he/she should pay the price according to the law. Holding a corporation accountable doesn't mean that they fill my pockets with loads of money due to my loss. That doesnt fix the problem on their end or mine.

I might be in the .001% that thinks this way and that is fine. To each his own.

Now, in the event that there is an accident where a corporation happens to be at fault and I am dealing with medical costs that Im going to have to pay, then yes, morally and ethically that company should pay the cost and if that results in a lawsuit to help in that matter, then that is the path I take.

I am mainly referring to people that sue for "emotional" damages due to a lose. Millions wouldnt repair or replace my loss and wouldnt make me feel better. If a corporation is at fault and instead of me getting millions, they spend millions on improving safety so it wouldnt happen to anyone else, that would make me feel better.
 

travelgip

Active Member
"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.

Are you an attorney in NYS? If in fact you are and practice personal injury, you would know my statement to be quite true, though often unspoken
 

Rinx

Well-Known Member
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 hate how people behave sometimes. This definitely being one of those times. I guess it's just a difference in values and what is considered right or wrong to some people. That is all I mean.
 

Mukta

Well-Known Member
I will admit that I am ignorant of the law.
I can't imagine the grief that family is suffering. Grief with guilt hurts even more.
The only info I have comes from the media. I read interviews with witnesses who said it was one of the most horrific things they have ever seen. They said that it was tragic, but that the bus driver was not negligent. Witnesses say that the boy was at fault.
I am not the vengeful type. When my loved one was killed, it never occured to me to sue the killer. I didn't even check to see how much of his sentence he served. Once your loved one is gone, none of that stuff will bring them back or ease the pain.
I hope this family can find comfort in something during this difficult time.
I hope that the bus driver doesn't suffer more than he already has. Personally I would rather be killed than know that I helped kill anyone else.
 

DisneyCanadian

New Member
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.

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?
 

captainkidd

Well-Known Member
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."
 

musketeer

Well-Known Member
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."


No one knows what their goal is. Everyone is certain that they are just trying to make a buck. Isn't it possible that maybe instead of trying to make money for themselves, they are trying to hurt the person/people/company that they believe is responsible?

I'm not saying that is the case, nor is it right, I don't know what their intentions are, but we can't just assume that because there is a lawsuit that they are money hungry terrible people just out to profit off of their terrible loss.

Or maybe even they are doing this to try to prevent something like this from happening in the future, or maybe they are going to donate any damages to a worthy cause.

People assume way too much, and usually assume the worst in people.
 

joel_maxwell

Permanent Resident of EPCOT
Again, as I said before, easy to say until you are the one burying your child.
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.
 

musketeer

Well-Known Member
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.

You are right, i can't predict what someone else can do, and I don't think that someone can even predict what THEY THEMSELVES would do in such a situation.
 

zurgandfriend

Well-Known Member
am always torn about cases like this:
On one hand;
The fact is that a young man died, I have seen young men die before their time and I am always reminded of the famous quote by John Donne which goes in part, “Any man’s death diminishes me because I am involved in mankind.”
It has been said that the family is suing as a form of closure. Personally I don’t see how a lawsuit will bring any form of closure to the family. I believe to have to relive the loss in the legal system would only keep the wound open with no chance for closure or grieving.
On the other hand;
It was nice to visit Ft Wilderness and ride around, but not for much longer. Say goodbye to bikes, surrey bikes and possible golf carts. In that case I’m reminded of a quote from Shakespeare’s Henry VI "The first thing we do is kill all the lawyers." It wasn’t intended to be used in this context but it is a fitting sentiment.

Now to lighten the mode here is one of my favorite lawyer jokes:
Two lawyers were out hunting when they came upon a couple of tracks. After close examination, the first lawyer declared them to be deer tracks. The second lawyer disagreed, insisting they must be elk tracks. They were still arguing when the train hit them.
 

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