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Injury Advice Needed
- Thread starter TideFan
- Start date
MrConbon
Well-Known Member
That’s not the fault of Disney in any way. That’s just you being careless and not watching your step.
Gelatoni
Well-Known Member
I have to agree with this I don't see how a mis step is their fault.
Welcome to the forums
If the restraint was latched properly (certain amount of clicks) and was down far enough to engage the secondary belt strap (which it would be if the restraint was unable to be raised up) then negligence would be difficult to prove. If anything, this ride tends to latch a loose fitting restraint tighter by the time you’re out of the first inversion. Even if it doesn’t do that, the ride - or any part of - wouldn’t be classed as faulty. A restraint failure would be a problem but it obviously didn’t fail since you’re still here.
The cast members (I assume) did their job by checking the harness was locked and unable to release midride. It’s up to a guest to ensure their own comfort.
Assuming you were with the height requirements (which I would imagine you were) you were within the design parameters for the restraint system.
I injured my back on this very ride a few years ago but nothing was faulty. The restraint and the ride operated within normal parameters. Despite being in some pain for several months afterwards I put it down to experience. It’s a rollercoaster. Chances are it won’t be a silky smooth trip.
You’re unlikely to receive an answer you would like by writing to guest relations. Should you wish to pursue it further a specialised lawyer would be the best course, although I’d doubt there would be any settlement involved.
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John park hopper
Well-Known Member
Personally I think you ae out of luck unless you have proof but I am not a lawyer. What are you lookig for in a claim= medical bills covered or more?
Nemo14
Well-Known Member
Which is probably what will be used against you if you take this to court at all. Sorry.
Hope it heals soon for you though.
I don't know if it relates to non-auto injuries, but in Florida after a car accident you have to seek medical help within a short window in order to prevail in getting any compensation. Unless it could be proven that there was no way for you to discover it earlier - such as a sponge left in during surgery and it doesn't cause a problem for weeks, etc.
Again, ignore the people trying to discredit your story, and seek a lawyer. But be aware that you may not receive the answers you would like.
I checked, and you have 4 years to file. Seems like a lot of time, but the wheels of justice grind very slowly. Florida has a huge concentration of personal injury lawyers, and many have offices in other states - I passed a Morgan & Morgan billboard going to/from the Philadelphia airport! - so, as I mentioned, you should consult a lawyer.
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Any time Ive ever felt that on any ride all I do is pull it tighter... It does it with ease... No idea why you couldn't do that...
DarthVader
Sith Lord
Amusement parks are considered inherently dangerous, and such its really difficult to bring a lawsuit against them. There are obvious examples of people doing that and prevailing but they tend to be the exception rather then the rule.
I would reach out to disney if you hadn't and see what they say, before trying to go down the path of litigation.
I would reach out to disney if you hadn't and see what they say, before trying to go down the path of litigation.
MomofPrincessGrace
Well-Known Member
I work as a paralegal for an insurance company. 95% of the cases we defend are due to the carelessness of the person making the claim. We have had cases where people have tripped over the bright yellow speed bump barrier in parking lots of restaurants. They then sue the restaurant for negligence. Most of the time the insurance companies will pay up, but you have to be prepared to provide medical records for the past 10 years (in my experience) that will be picked apart to make sure that your injury couldn't have been caused by anything else. If I were you, I would just contact a personal injury lawyer and get in for a free consultation. Avoid the big firms (ahem... Morgan & Morgan) and prepare for it to take a few years for it to be done and over with. I currently have cases on my case load that have been open for over 5 years (since suit was filed and Alabama is a 2-year statute state, so 7 years since the injury occured).
Good luck!
Contact a lawyer. Florida's statute of limitation to make a claim is 4 years. You have plenty of time, but the more time passes, the more your memory becomes hazy and recollection difficult. Let a lawyer make a determination about whether there is a legitimate claim, not faceless, nameless posters on a message board.
I'm not the OP, nor the person mentioned in my post - I've actually had very few injuries in my over 60 years, and none that were caused by anyone's negligence. I was injured skiing, but never considered it anything other than bad luck.
MomofPrincessGrace
Well-Known Member
Sorry! I was just referencing your post about the person falling outside their home and how sometimes there is no one to blame. The rest of my comment was directed toward OP. In all honesty, unless I was seriously injured in a way that caused me on-going problems, I wouldn't file suit against anyone. The legal system is so clogged up with frivolous cases and the time and effort needed to bring a suit is just not worth it to me. But, working in this industry you see it all. There are some people who end up with a small cut requiring a couple of stitches who end up getting $20K from the business just so the businesses don't have to deal with going to court.I'm not the OP, nor the person mentioned in my post - I've actually had very few injuries in my over 60 years, and none that were caused by anyone's negligence. I was injured skiing, but never considered it anything other than bad luck.
Weather_Lady
Well-Known Member
OP, if you haven't been to your doctor and discussed the cause of the injury (such that the doctor would have put it down in the medical record), do it now. Preserve any and all evidence of your visit (ride photo if you have one, other photos taken that day in the parks), get ahold of copies of all of your associated medical records and billing statements, and get thee to a lawyer. The lawyer will need to write a demand letter to WDW, ASAP, so that Disney will be on notice to preserve any evidence within its control (e.g., on-ride photos, evidence of your MagicBand scan, records of the staff working at RnR at the time) before it disappears. Also, sit down and write out a detailed narrative of everything that happened -- what you said to the ride operator, what the operator looked like, what they said -- while your recollection is fresh.
If Disney is found negligent, you will be entitled to damages: things like your out-of-pocket medical expenses, future medical expenses (if any are anticipated) and other monetary losses associated with your accident (e.g., missed time at work), and maybe some compensation for pain and suffering. If you don't actually have any "damages" (e.g., your medical bills were all covered by insurance and the injury is expected to make a full recovery, and doesn't bother you that much), you'll have to evaluate whether you think it's worth it to pursue a claim. Regardless, speak with a reputable attorney. Many personal injury claims are done on a contingency basis, meaning you only pay the lawyer if you win.
(...and yes, I _am_ a lawyer. My 17 years of experience have not included much work in personal injury, but someone who is an expert in that type of practice should be able to assist you in determining whether you have a claim worth pursuing, but you shouldn't delay another minute. Sometimes, medical expenses and ongoing problems from an injury that "didn't seem that bad at first" can spiral out of control in ways you couldn't have anticipated, and OP, it sounds like your injury might be one of those.)
If Disney is found negligent, you will be entitled to damages: things like your out-of-pocket medical expenses, future medical expenses (if any are anticipated) and other monetary losses associated with your accident (e.g., missed time at work), and maybe some compensation for pain and suffering. If you don't actually have any "damages" (e.g., your medical bills were all covered by insurance and the injury is expected to make a full recovery, and doesn't bother you that much), you'll have to evaluate whether you think it's worth it to pursue a claim. Regardless, speak with a reputable attorney. Many personal injury claims are done on a contingency basis, meaning you only pay the lawyer if you win.
(...and yes, I _am_ a lawyer. My 17 years of experience have not included much work in personal injury, but someone who is an expert in that type of practice should be able to assist you in determining whether you have a claim worth pursuing, but you shouldn't delay another minute. Sometimes, medical expenses and ongoing problems from an injury that "didn't seem that bad at first" can spiral out of control in ways you couldn't have anticipated, and OP, it sounds like your injury might be one of those.)
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Chef Mickey
Well-Known Member
You sarcastically call us lawyers and yet you reaffirm you’re asking us for advice? LOL
Think about it. No one said it didn’t happen, but because many of us are telling you that failing to report it instantly will make you’re case difficult, you’re upset.
Jedi Stitch
Well-Known Member
TideFan, I am a Combat Veteran too, and I can understand your concern. I John Wayne my way through Iraq, and did not report everything in a timely manor, and had 90% of my claim denied by the VA. I would suggest looking into a personal injury lawyer to assess your case. To be truthful, with out coming off that coaster and going straight to the Aid Station to get checked out, I think the burden of proof will be to you IMO.
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bhg469
Well-Known Member
Im currently on blood thinners... I am gonna be RICH!!!!
lazyboy97o
Well-Known Member
The restraint is lowered by the guest and can be tightened at any time. I believe the check at this attraction is “Push down and pull up,” which would also tighten the restraint if possible. The launch and first inversion also tend to tighten the restraint, especially if one is in what Disney would consider a proper position holding onto the restraint.
Just as a general thought, You know those warning signs posted in the ride lines, read them sometime. You do need to be aware of your own health limits - I’m not saying this is your case at all. As I get older, I can injure something bending over and tying my shoes.
A roller coaster is not the People Mover. Every time I ride Space Moutain I tell myself I’m done with that ride. And I now think long and hard before I ride any wooden roller coaster.
Aren’t most rides designed to push you into your seat. I know on the rides I have to share a lap bar with my youngest he has all sorts of gaps to move around.
Good luck, hope you eventually heal well, and thanks for your service from another vet.
A roller coaster is not the People Mover. Every time I ride Space Moutain I tell myself I’m done with that ride. And I now think long and hard before I ride any wooden roller coaster. Aren’t most rides designed to push you into your seat. I know on the rides I have to share a lap bar with my youngest he has all sorts of gaps to move around.
Good luck, hope you eventually heal well, and thanks for your service from another vet.