Injury Advice Needed

[BASS]

I would think that if this were true, then amusement and themes parks would be non-stop paying settlements out to any person with any fracture/injury. There has to be more to it than that imo.

They probably are.

Understand that there is justification for defending large claims. If a plaintiff wants $1MM, defendant has incentive to defend. But, the smaller these cases are, the more the cost of defense eats into justification to defend. Disney probably pays out in a lot of smaller (<$100,000) cases.

EDIT: you all would be shocked to see some of that crap that makes it into a courtroom.

 

[21stamps]

They probably are.

Understand that there is justification for defending large claims. If a plaintiff wants $1MM, defendant has incentive to defend. But, the smaller these cases are, the more the cost of defense eats into justification to defend. Disney probably pays out in a lot of smaller (<$100,000) cases.

EDIT: you all would be shocked to see some of that crap that makes it into a courtroom.

I just don’t see how or why they would do that when it comes to rides. Especially when someone may or may not have been injured on the ride. I’ll give 2 more examples- one specific time we were on an old jerky/bumpy wooden roller coaster 2 years ago, kiddo and I both had our hands up high, I turned to look at him just as we were going over an airtime hill.. my shoulder slammed so hard into the seat divider that I ended up bruised and with a sore arm for nearly a week. I didn’t go to the doctor, but I could have.
Another time- going down a log flume, kiddo put his hands up just as we started down the hill.. slammed face first into the front of the canoe. Ended up with a bloody nose and bruised face. Luckily it didn’t look broken. Again, I didn’t go to the doctor.

BUT, what you’re saying is that either of those times, I could have gone to the doctor, and sued for damages, medical bills in the very least? Even if kiddo’s nose would have been broken, I do not think it would be the amusement park’s fault..nor do I think they would have settled a claim with me.


Oh, and p.s. I don’t want to see the frivolous stuff that comes across a court room , I’m sure I would be shocked.lol

 

[BASS]

It depends on the facts. I've never handled any such claim, but I presume many ride "injuries" are likely not truly compensable or particularly valuable simply because you assume some risk. But if there was an issue with the harness, and Disney either knew of an issue or should have known of an issue, then there's at least something to talk about.

 

[elhefe4]

They probably are.

Understand that there is justification for defending large claims. If a plaintiff wants $1MM, defendant has incentive to defend. But, the smaller these cases are, the more the cost of defense eats into justification to defend. Disney probably pays out in a lot of smaller (<$100,000) cases.

EDIT: you all would be shocked to see some of that crap that makes it into a courtroom.

In FY2017, Disney paid (or accrued for based on probable estimates) $177 million in litigation settlements. Granted, this was the entire Disney company and not just Parks, and it isn't only personal injury settlements (could be contract disputes, sexual harassment settlements, etc.) but it provides a fascinating insight into just how massive a company Disney is and how that type of settlement could truly be just a drop in the bucket for them.

 

[Hockey89]

This is a conservative group here. A defense lawyer's dream jury!

I too am a lawyer, although personal injury is not my forte. That said, there is no requirement to report. Might it have enhanced the credibility of your claims? Maybe. Maybe not. But that doesn't change the fact that you have an apparent injury and potential claim. Ultimately, if you pursue a claim, as others have mentioned, the lawyers in the case can determine whether there is any medical history or medical records that suggest a different cause of what you've complained of. If your story and medical history check out, whether you reported or not, you may have a legitimate claim. But contact a Florida lawyer and let a professional make that determination.

Maybe not... Is false 100%... You should know better.

 

[mousehockey37]

I didn't report it right away because I'm not a crybaby... I'm a combat veteran. It wasn't till a week later that I decided to get it checked.

And if something happened in combat, when are you supposed to report it? Get injured at work, when do you report it?

It's just plain stupid if you get injured somewhere and don't report it. You won't be seen as a crybaby. You now have medical bills and such piling up and are coming here looking for help for what to do? By the second page you had to say you weren't looking for pity, well, you surely aren't getting any.

With it being a month and a half later, I'm not sure what can be done. I don't think the combat veteran part was necessary since this is an issue of common sense.

As a side note, this is an interesting thread, in that, on the "other board" last night, a thread was started by someone who was injured in the MK, I believe, and they went to Guest Services and were given a number to Guest Claims. Some time had passed between the trip and their phone call to Guest Claims, and the person was supposed to be getting a call today from an adjuster from Disney. The person was kinda freaking out as to why an adjuster would be calling them (they didn't want to seek any compensation, they just wanted to let Disney know what happened so it didn't happen again and it's ballooned out).

 

[note2001]

Okay, I understand where our OP is coming from, it's pain that most likely would not exist had she never gone on that ride. So many injuries go unreported in Disney parks alone that we may never know the true numbers. As a former Safety and Security engineer I need to point out you should report it to Disney asap. They need to check that ride restraint and look at what could be modified so the same or worse doesn't happen to others. Don't just sit on your computer wondering if you can get some money. Help.

As for the injury itself, it could just be an aging thing and the reason for why you were hurt. Were I you, I'd chalk it up to yet another expense of living in the world we do in the way we do. You're getting older, as are we all, and our joints just don't hold up to the same beatings they did when we were kids falling out of trees.

But again, report it. Disney deserves that knowledge at least so they can look to make improvements in their rides and operating procedures. Maybe 20% of those who sit, say for example, the third seat back on all RnRC trains experience higher horizontal force than those in front and behind them do, then that's an engineering issue. But Disney may never know this if it goes unreported. Or perhaps the hinges on the harness are out of alignment. In that case you could help prevent another injury if they know to look at it.

 

[mousehockey37]

Yes TideFan, contact a lawyer but I will say this-- I hope something is done and Disney can take of all medical bills you end up having but I have a bad feeling it's gonna be a battle. Reason why is you state that you knew when riding that the CM didn't put the safety bar down properly? Now I know that the kind of injury you have, that it's not gonna show so soon but the one thing that's gonna screw this up is the fact that you should have let a CM at that ride know what happened as soon as you got off, then gone and found a manager on site or get them to find you one, complain to them and gone from there. More than likely if that had happened, the manager would have gotten your info and told you to contact them when you got back home and if you had it checked it out and it comes back the injury that did occur, then they probably would have taken care of it. I'll also say that they may have even wanted you checked out right then and there and sent you to a nearby hospital just to be on the safe side--to avoid any lawsuits and to cover their butt. But the fact that it was not at least reported right then or exactly when you got back home as just a general complaint to a Disney customer service agent that they need to retrain their employees when it comes to rides, then there's gonna be a problem possibly. That's what I'm afraid is going to happen, even though you have proof you rode the ride and went on vacation there, their lawyers will come back with anything to fight it. It's partly because there's been too many money-hungry scam artists that go after them for an easy check, that's it's ruined for people like you who have legit claims. So it's going to be a hurdle because I think had it at least been reported that the bar wasn't fastened in properly, then even if Disney still tried to get out of things--your lawyer would then have that info that would help your side. But because you say it was not at least reported then, it's gonna be a battle. But I would still contact a lawyer and see what can be done. The one lesson to learn from all this and this goes to EVERYBODY when going to an amusement park--something like this happens to you? REPORT IT. I've been there. I had two bad incidents happen on my last trip to Disney in 2015, when my husband and I took my parents with us.

Both have to use those wheelchair scooters to get around. My dad's scooter fell over in MK--with him in it, and somehow no CM's were around to help and get him up. Other tourists were the ones that saw & helped us. All of us, including the tourists that helped were just dumbfounded that somehow no CM happened to be around when it happened. Well we had proof that the CM's were there and apparently didn't want to do their job. Why do I say this? We were at the end of Main Street and everybody was being ushered to the sidewalks because it was fixing to be that time where all the performers come out to do those musical acts down the street. So CM's were there. I most definitely reported it when I got back to our hotel that evening and they showed disappointment and said they most definitely were going to report it to management because they knew it wasn't right. And I found it funny that every time I've ever been to a Disney park, there are CM's of all kinds all over the place, keeping watch on things. So it most definitely was one of those situations where the nearest ones were avoiding their duty as a Disney Cast Member. Also on the same trip- my dad tripped again on the walkway getting off of the Nemo ride at Epcot. And here we go again. Plain view of the person who is operating the moving walkway and chose to turn a blind eye. The other people getting off--helped us to get him up. Walkway is still moving at this point. Did that CM choose to come over and help or turn the walkway off for the moment? Heck no, just sitting at that post that they are always at at the end of the walkway. I gave him the dirtiest look when we stepped off the platform going into the aquarium area but made sure to get his name. I found another CM somewhere in the building and we reported it and they took the info and said that they most definitely would get it to the nearest manager--then asked if I would like to wait and they'd radio one. I said no, I trusted they would get it reported and that was all. Then we continued on. I was glad I was able to find people that would report and also glad my dad didn't get hurt. But it just goes to show that even though there are some great people that work at Disney there are also the ones that are just there for a paycheck and don't care about their job. Heck on a past trip, I even caught people breaking into the line at the Little Mermaid ride at MK (they had found some path that came off from the park and cut right into the attraction and the line that you walk to get inside the building) and since it wasn't busy at that point, I found a nearby CM as we got close to the ride. Reported it to them--the linecutters were just ahead and about to get on so I was able to point them out to this CM. They could have cared less. I explained exactly what happened and...nothing. So I was like-"so you wanna those workers that doesn't want to get involved, hmm." Got their name. After we rode the ride and left, I found another CM nearby that was outside. Told them everything. They obviously cared about their job and they were upset to hear that another CM didn't care to do anything about it. They went on this for a little but (and I think they said some stuff they probably shouldn't have said but what can you do) but from what this CM told me--apparently Disney does not like line cutters and they were saying the original CM should have radioed it and since they knew what the people looked like--security could handle it. But since the original CM didn't care to do anything- the one I was talking told me that that was grounds for firing when they get reports like that. And since I had gotten the original CM's name--the other one could report them for not doing their job. They kind of went on and on about this because it irritated them and they admitted that the reason why management doesn't like to hear when a CM didn't do their job and why its immediate dismissal--it's because obviously it doesn't look good for the park/company and they're trying to give the best service to the customers. And they thanked me for reporting it to them and then we went on our way.

So the point is when anything happens we need to report it to a nearby CM or manager. Don't wait till later. Do it now. Sorry for the long book, I just wanted to get my point across. I hope 'Tidefan' that you are able to get Disney to pay for the medical bills but I'm just putting it out there that it may be a fight. Go get a lawyer and see what happens.

Here's what I take from this post... and it's a good post...

After an incident occurs, IT'S ALL ABOUT THE PAPER TRAIL!

 

[BASS]

In FY2017, Disney paid (or accrued for based on probable estimates) $177 million in litigation settlements. Granted, this was the entire Disney company and not just Parks, and it isn't only personal injury settlements (could be contract disputes, sexual harassment settlements, etc.) but it provides a fascinating insight into just how massive a company Disney is and how that type of settlement could truly be just a drop in the bucket for them.

That's remarkable.

 

[mousehockey37]

Respectfully, this is bad advice.

First, there is a way to tell if there was a pre-existing injury--medical records. They'll be pored over in any case.

Second, this isn't about "winning." It's about whether there is a settlement value. 99% of cases settle. It's too expensive to try cases. Disney's lawyers have an incentive to settle claims instead of litigating because Disney has to pay its lawyers to defend cases. Based on the nature and extent of the injuries, there's likely at least some settlement value here.

An interesting thing here though, is with this individual, they're not one to apparently seek medical attention for most things. So, with the "combat veteran" stance, and not wanting to seem like a crybaby, how does one know if there wasn't anything pre-existing if they never sought attention for something that may have happened before their trip? I understand medical records will tell the story, but if there's no records....

 

[BASS]

Maybe not... Is false 100%... You should know better.

So tell me.

1) I can play Devil's advocate. Perhaps if he had immediately reported it, there was already an interest in monetizing a claim. Instead of a credible claim that he didn't believe anything was genuinely or sincerely wrong, but later learned otherwise.
2) I'm sure there's video. Surveillance will demonstrate plenty. Any benefit of reporting in this instance is mitigated by the fact that there's video where one can observe his physical state before, during, and after the ride.

 

[MichWolv]

March 10, 2018: I was injured riding the Aerosmith Rocking Roller Coaster. The restraining harness was not all the way down to hold me in place. I tried to inform the ride attendant. I got slammed around pretty good. After the ride I knew something was wrong. I had instant pain in my left shoulder. About 10 days later, my shoulder was not getting any better so I sought ER care. After x-rays and an MRI it was discovered I had a fracture in my clavicle with severe edema surrounding the fracture. It is now 6 weeks later, I am still not healed and am now going through physical therapy. - What can be done or what should I do? Should/can I file a claim? Where do I begin?

My mother was injured at Sea World a few years ago, fairly significantly. It wasn't on a ride, but instead while exiting one. She reported her injury right away (which was easy to do as it happened in front of employees and was blatantly obvious) and an incident report was filled out. Sea World initially denied any responsibility and refused to cover her medical bills. After she hired a lawyer, the company began making offers to settle things. She eventually settled for an amount sufficient to cover her medical bills, but only after a fair bit of time. At one point, the Company indicated it would insist on a deposition from the only person with her at the time, my then 9-year-old son. Through my mother's attorney, I communicated that my son would be available for a deposition, that it would occur in Chicago, where we live, that I would be in the room during the deposition, and that he had already told me that he didn't see what happened as he was looking the other way at the time. I believe that the Company's attorney believed that threatening to take my son's deposition would scare my mom off, because after we responded with a willingness to allow that to happen, but only at significant cost to the company (travel, etc.), the settlement off went up.

So, I'd say you begin by filing a claim. Go through Guest Services at WDW to begin with. There is no doubt a process in place, and you need to follow it. Perhaps the resolution will be quick, but I doubt it. And then, if you don't get satisfaction, you'll likely need to hire a lawyer.

Good luck on a quick recovery.

 

[dieboy]

Why are you asking here? The absolute worst spot, well maybe not the worst, but dang close. Go get a lawyer if this is that concerning to you.

 

[AndyS2992]

I’m sure it already been said but the restraints on Rock N Rollercoaster can be pulled down further and continue to lock in to place even during the ride so saying the restraint wasn’t tight enough won’t hold much weight unless you were unlucky and got a broken one or something.

 

[TideFan]

This is a conservative group here. A defense lawyer's dream jury!

I too am a lawyer, although personal injury is not my forte. That said, there is no requirement to report. Might it have enhanced the credibility of your claims? Maybe. Maybe not. But that doesn't change the fact that you have an apparent injury and potential claim. Ultimately, if you pursue a claim, as others have mentioned, the lawyers in the case can determine whether there is any medical history or medical records that suggest a different cause of what you've complained of. If your story and medical history check out, whether you reported or not, you may have a legitimate claim. But contact a Florida lawyer and let a professional make that determination.

Thank you. Can you recommend a practice in Florida?

 

[TideFan]

Respectfully, this is bad advice.

First, there is a way to tell if there was a pre-existing injury--medical records. They'll be pored over in any case.

Second, this isn't about "winning." It's about whether there is a settlement value. 99% of cases settle. It's too expensive to try cases. Disney's lawyers have an incentive to settle claims instead of litigating because Disney has to pay its lawyers to defend cases. Based on the nature and extent of the injuries, there's likely at least some settlement value here.

Thank you. I have plenty of medical records from the military and civilian side proving no previous injury. I am not looking to get rich... only to have expenses covered, etc...

 

[TideFan]

Thank you to everyone who offered constructive advice.
Regardless of the restraint issue... I received a severe injury to a part of my body that has never been injured before... while riding a Disney ride. It very well may be just a 'freak accident,' but it DID happen. This is why I want to address the issue.

 

[DisneyDoctor]

Yes TideFan, contact a lawyer but I will say this-- I hope something is done and Disney can take of all medical bills you end up having but I have a bad feeling it's gonna be a battle. Reason why is you state that you knew when riding that the CM didn't put the safety bar down properly? Now I know that the kind of injury you have, that it's not gonna show so soon but the one thing that's gonna screw this up is the fact that you should have let a CM at that ride know what happened as soon as you got off, then gone and found a manager on site or get them to find you one, complain to them and gone from there. More than likely if that had happened, the manager would have gotten your info and told you to contact them when you got back home and if you had it checked it out and it comes back the injury that did occur, then they probably would have taken care of it. I'll also say that they may have even wanted you checked out right then and there and sent you to a nearby hospital just to be on the safe side--to avoid any lawsuits and to cover their butt. But the fact that it was not at least reported right then or exactly when you got back home as just a general complaint to a Disney customer service agent that they need to retrain their employees when it comes to rides, then there's gonna be a problem possibly. That's what I'm afraid is going to happen, even though you have proof you rode the ride and went on vacation there, their lawyers will come back with anything to fight it. It's partly because there's been too many money-hungry scam artists that go after them for an easy check, that's it's ruined for people like you who have legit claims. So it's going to be a hurdle because I think had it at least been reported that the bar wasn't fastened in properly, then even if Disney still tried to get out of things--your lawyer would then have that info that would help your side. But because you say it was not at least reported then, it's gonna be a battle. But I would still contact a lawyer and see what can be done. The one lesson to learn from all this and this goes to EVERYBODY when going to an amusement park--something like this happens to you? REPORT IT. I've been there. I had two bad incidents happen on my last trip to Disney in 2015, when my husband and I took my parents with us.

Both have to use those wheelchair scooters to get around. My dad's scooter fell over in MK--with him in it, and somehow no CM's were around to help and get him up. Other tourists were the ones that saw & helped us. All of us, including the tourists that helped were just dumbfounded that somehow no CM happened to be around when it happened. Well we had proof that the CM's were there and apparently didn't want to do their job. Why do I say this? We were at the end of Main Street and everybody was being ushered to the sidewalks because it was fixing to be that time where all the performers come out to do those musical acts down the street. So CM's were there. I most definitely reported it when I got back to our hotel that evening and they showed disappointment and said they most definitely were going to report it to management because they knew it wasn't right. And I found it funny that every time I've ever been to a Disney park, there are CM's of all kinds all over the place, keeping watch on things. So it most definitely was one of those situations where the nearest ones were avoiding their duty as a Disney Cast Member. Also on the same trip- my dad tripped again on the walkway getting off of the Nemo ride at Epcot. And here we go again. Plain view of the person who is operating the moving walkway and chose to turn a blind eye. The other people getting off--helped us to get him up. Walkway is still moving at this point. Did that CM choose to come over and help or turn the walkway off for the moment? Heck no, just sitting at that post that they are always at at the end of the walkway. I gave him the dirtiest look when we stepped off the platform going into the aquarium area but made sure to get his name. I found another CM somewhere in the building and we reported it and they took the info and said that they most definitely would get it to the nearest manager--then asked if I would like to wait and they'd radio one. I said no, I trusted they would get it reported and that was all. Then we continued on. I was glad I was able to find people that would report and also glad my dad didn't get hurt. But it just goes to show that even though there are some great people that work at Disney there are also the ones that are just there for a paycheck and don't care about their job. Heck on a past trip, I even caught people breaking into the line at the Little Mermaid ride at MK (they had found some path that came off from the park and cut right into the attraction and the line that you walk to get inside the building) and since it wasn't busy at that point, I found a nearby CM as we got close to the ride. Reported it to them--the linecutters were just ahead and about to get on so I was able to point them out to this CM. They could have cared less. I explained exactly what happened and...nothing. So I was like-"so you wanna those workers that doesn't want to get involved, hmm." Got their name. After we rode the ride and left, I found another CM nearby that was outside. Told them everything. They obviously cared about their job and they were upset to hear that another CM didn't care to do anything about it. They went on this for a little but (and I think they said some stuff they probably shouldn't have said but what can you do) but from what this CM told me--apparently Disney does not like line cutters and they were saying the original CM should have radioed it and since they knew what the people looked like--security could handle it. But since the original CM didn't care to do anything- the one I was talking told me that that was grounds for firing when they get reports like that. And since I had gotten the original CM's name--the other one could report them for not doing their job. They kind of went on and on about this because it irritated them and they admitted that the reason why management doesn't like to hear when a CM didn't do their job and why its immediate dismissal--it's because obviously it doesn't look good for the park/company and they're trying to give the best service to the customers. And they thanked me for reporting it to them and then we went on our way.

So the point is when anything happens we need to report it to a nearby CM or manager. Don't wait till later. Do it now. Sorry for the long book, I just wanted to get my point across. I hope 'Tidefan' that you are able to get Disney to pay for the medical bills but I'm just putting it out there that it may be a fight. Go get a lawyer and see what happens.

You've gotta condense this or make it more appealing to read. No way people want to read this novel over their lunch breaks.

 

[DisneyDoctor]

Thank you to everyone who offered constructive advice.
Regardless of the restraint issue... I received a severe injury to a part of my body that has never been injured before... while riding a Disney ride. It very well may be just a 'freak accident,' but it DID happen. This is why I want to address the issue.

Sucks to hear about your clavicle, mate. Definitely not a fun bone to break (as if any bones are fun to break). I'm not a lawyer and won't give legal advice, but best of luck as you heal up.

 

["El Gran Magnifico"]

Sorry about your misfortune.

I'd start documenting things (if you already haven't). You'll be asked about what you had for breakfast that morning, how far away did you park, did you take the tram or walk through the parking lot, what did you do the week before you came to Disney, did you go on a ride after RnR, did you go to a park the next day, where else in Orlando did you visit.....on and on.

In Disney cameras are everywhere (visible to us or not). Good chance they've got something of you getting on the ride and then off. If you say you felt the pain immediately and then popped off the ride and sprinted to the exit - that won't look necessarily good. Through MB they can tell if you rode any ride afterwards. If say, 2 days later they place you riding SM, equally as bad.

As many have said, consult with an attorney. Best of Luck.