Injury Advice Needed

[TideFan]

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?

 

[DisneyJoe]

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?

Did you report it to anyone immediately after you rode?

Did you happen to purchase the ride photo?

 

[TideFan]

Did you report it to anyone immediately after you rode?

Did you happen to purchase the ride photo?

I did not report it to anyone. I was not aware of the extent of my injury. I think we did purchase the photo, but we also used our Majicband for Fastpass which should record the time and date we were on the ride.

 

[TwilightZone]

Now first, I suggest you need proof that the ride harness was not all the way down. Make sure that you have a photo, or have anyone that was with you to confirm your claim. Second, you should also prove that any other activities didn't cause this fracture. Maybe bring in doctor's/medical notes too.

Good luck! Oh and even though this may or may not be the best advice, watch some judge tv shows and take notes. There are a lot out there, all of which on basic cable, so easy to get access to.

 

[TideFan]

Now first, I suggest you need proof that the ride harness was not all the way down. Make sure that you have a photo, or have anyone that was with you to confirm your claim. Second, you should also prove that any other activities didn't cause this fracture. Maybe bring in doctor's/medical notes too.

Good luck! Oh and even though this may or may not be the best advice, watch some judge tv shows and take notes. There are a lot out there, all of which on basic cable, so easy to get access to.

I am quite positive I did not do anything before or after to injure myself. My daughter was sitting next to me and my wife was behind me. I have ER records, an Orthopedic Surgeons diagnosis with x-rays and an MRI.

 

[DisneyJoe]

Contact a lawyer

 

[Neverland44]

Good luck. I injured my foot stepping off the Disney World bus to the Magic Kingdom. I don't exist to Disney after contacting them about it, and I decided to contact a lawyer. I'm in constant pain and can't use my foot well anymore.

 

[TwilightZone]

I am quite positive I did not do anything before or after to injure myself. My daughter was sitting next to me and my wife was behind me. I have ER records, an Orthopedic Surgeons diagnosis with x-rays and an MRI.

It's good you have more people to back you up. I only say to prove no other activities caused this because I learned from watching judge judy, that back up like this is pretty necessary.

 

[lazyboy97o]

Filing a lawsuit is the way to seek compensation, but you are going to have to gather strong evidence that the loose restraint was the cause and the forces of the ride did not exacerbate an existing condition. The over-the-shoulder restraint system is not designed to be snug across the body. It latches into set positions and there can be a gap. You lower the restraint and are free to lower it further, even after dispatch. Simply holding onto the restraint, even during the ride, can easily facilitate tightening the restraint. You are also supposed to sit back in the seat. Hitting your clavicle also seems to require a forward and/or upward motion that the ride really doesn’t subject to riders during the ride.

 

[TideFan]

Filing a lawsuit is the way to seek compensation, but you are going to have to gather strong evidence that the loose restraint was the cause and the forces of the ride did not exacerbate an existing condition. The over-the-shoulder restraint system is not designed to be snug across the body. It latches into set positions and there can be a gap. You lower the restraint and are free to lower it further, even after dispatch. Simply holding onto the restraint, even during the ride, can easily facilitate tightening the restraint. You are also supposed to sit back in the seat. Hitting your clavicle also seems to require a forward and/or upward motion that the ride really doesn’t subject to riders during the ride.

There is/was no preexisting condition. Never an injury before this... There was a gap between me and the harness. This is how I got slammed around.

 

[The Mom]

Good luck. I injured my foot stepping off the Disney World bus to the Magic Kingdom. I don't exist to Disney after contacting them about it, and I decided to contact a lawyer. I'm in constant pain and can't use my foot well anymore.

Was Disney negligent in some way? Did the bus move before both of your feet were on the ground? Did they stop in a way that prevented you from stepping correctly? Did the bus(driver) do anything to cause your injury? I knew someone who broke her foot stepping off the curb in front of her house. It was the same one she had stepped off thousands of time before. It didn't move or change in any way. She just misstepped - no one was to blame. Sometimes things happen and it's not anyone's fault. I don't know if it was true or not in your case. If Disney was negligent I hope you are successful in receiving compensation for your injury.

 

[Neverland44]

Was Disney negligent in some way? Did the bus move before both of your feet were on the ground? Did they stop in a way that prevented you from stepping correctly? Did the bus(driver) do anything to cause your injury? I knew someone who broke her foot stepping off the curb in front of her house. It was the same one she had stepped off thousands of time before. It didn't move or change in any way. She just misstepped - no one was to blame. Sometimes things happen and it's not anyone's fault. I don't know if it was true or not in your case. If Disney was negligent I hope you are successful in receiving compensation for your injury.

I stepped down and the last step of the bus was so high up from the ground, my foot rolled under me when I stepped down. I wasn't expecting that! Usually busses lower a little or let off at a curb. I was watching my step but that last step was too high off the ground and the bus was leaning at an angle. Hurt like heck and I was in excruciating pain the rest of the trip.

 

[The Mom]

There is/was no preexisting condition. Never an injury before this... There was a gap between me and the harness. This is how I got slammed around.

I suggest you take all of your info to a malpractice lawyer - he/she will be able to give you the answer you are seeking re being compensated by WDW. No one here can give you a definitive answer - even a lawyer - without looking at all of your records, etc. The amount of monetary damages you have and will sustain, along with any pain and suffering, plus any proposed punitive damages will determine whether or not you have a case worth pursuing.

 

[lazyboy97o]

There is/was no preexisting condition. Never an injury before this... There was a gap between me and the harness. This is how I got slammed around.

A gap is not unusual with this type of restraint and is typical around the shoulder, even if the bottom of the restraint is snug with the body. You are also free to tighten the restraint at any time. How the restraint works is key to your claim and you’ll need to be able to address such issues.

 

[The Empress Lilly]

1 Get a bruise somewhere at Disney
2 ???
3 Profit!

 

[Captain Barbossa]

Does anyone smell that? Kind of smells like a troll.

 

[Chef Mickey]

My advice is move on. If it was that severe and you aren’t just trolling, you should have reported it instantly.

 

[NelleBelle]

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?

If you new something was wrong and had instant pain in your shoulder, why didn't you report it and/or seek attention at the First Aid station? If you're wanting Disney to do something about it, then you're going to have a tough time proving they were at fault at this point. I think you'd best consult an attorney rather than consulting here, IMO.

 

[TideFan]

Does anyone smell that. Kind of smells like a troll.

You should get your nose checked. No troll here...

 

[TideFan]

If you new something was wrong and had instant pain in your shoulder, why didn't you report it and/or seek attention at the First Aid station? If you're wanting Disney to do something about it, then you're going to have a tough time proving they were at fault at this point. I think you'd best consult an attorney rather than consulting here, IMO.

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.