Injury on Disney Property

[Phonedave]

Three months ago I fell in a Kroger parking lot over an unmarked raised curb used for shopping cart returns. I broke my fifth left hand finger (not at all good when my job is a ballet company pianist). Two other neighbors told me that they'd tripped in the same parking lot. I was out of work for almost a month. Fortunately, I didn't lose any wages and my medical bills were minimal.

The manager said that they would cover any medical expenses but the report was turned over to thier claims department which, of coarse, denied the claim. 1 week later the parking coral was painted brightly with new signage. I wasn't out for lots of money but I would have been happy if Kroger would have covered my medical expenses which were less than $100.00.

I was angry at first but I figure lifes too short to spend years in a courtroom, not to mention spending lots of money with no garauntees of winning any compensation. Had I been offered what you've already been given, I would have been overjoyed.

You are the perfect example of a person who SHOULD get what they asked for.

You did not claim that you needed a years free groceries to cover your mental anguish. You did not try to sue for $200,000 because you are now scared to go to Krogers.

You simply asked for your out of pocket expenses covered. Krogers all but admitted the problem when it repained the curb.

In a ideal situation Krogers would be able to say "my bad, here let me get your doctors bills" and you would say "thanks"

The reality is Krogers was afraid of you saying "now that you admitted you are at fault, here is a suit for pain and anguish as well"

Everybody would be a lot better off if people did not try to sue the pants off of each other.

So, bravo to you for taking the high road, and an understandable boo, but a boo nonetheless to Krogers for not covering your out of pocket costs.

-dave

 

[Clever Name]

The affected parties should consult with a few personal injury lawyers that specialize in dealing with injuries at WDW. Based upon your description, clearly Disney is liable for this injury and the associated pain, suffering and other problems that resulted.

Disney doesn’t make offers of settlement based upon their good will. Realize, of course, that a lawsuit of this type will take many years to reach conclusion if Disney decides to contest it. Bringing a civil suit against Disney is not being “greedy”. :wave:

 

[I_heart_Tigger]

The affected parties should consult with a few personal injury lawyers that specialize in dealing with injuries at WDW. Based upon your description, clearly Disney is liable for this injury and the associated pain, suffering and other problems that resulted.

Disney doesn’t make offers of settlement based upon their good will. Realize, of course, that a lawsuit of this type will take many years to reach conclusion if Disney decides to contest it. Bringing a civil suit against Disney is not being “greedy”. :wave:

I would say that the irresponsible parent of the 14 month old child that was allowed to stand behind a door knowing that someone could walk through it at any time is the act of neglect and wanting $5000+ for a tiny cut is absolutely 100% greedy.

This type of comment is why Americans are often looked at as ignoranantly sue-happy. Luckily I know that the majority of Americans aren't that selfish but it's unfortunate that the focus gets put on the obnoxiously loud spoken ones who would slam their babies head in a car door if it meant they could sue for a few bucks.


I see you haven't posted much on here, you're not one of the lawyers specializing in WDW lawsuits trying to drum up some shady deals are you?

 

[Rabflmom]

I think it's only right Disney refunded the full cost of the water parks since it happened on the first day there and the 7 people who paid for water parks (not us since we don't do water parks) could not go. Five of them were from the same family the other 2 were the grandparents who were going to see their grandkids play in the water and play with them in the water. So I don't think refunding the cost of water park tickets is considered "taking care of the situation"

>>>>>>>

Only one had stitches? I am still trying to figure out why the rest couldn't go to the waterpark and the little one and mom or grandma go to the MK or something???? It is what my family would have done. If the vacation was ruined it was ruined by the vacationers own decidion not Disney. Sometimes Disney goes overboard to appease people. If I had been running the show, the family would not even gotten the waterpark refund-except maybe for the little one that was hurt and for 1 person to spend the day in a different park with her. Disney really has no liability in this case. The child was in the way when a member of her group opened the door on her.

 

[Philo]

Sorry to hear of the injury but I think refunding the water parks was enough really. $300 is IMO more than adequate.

You can argue that the scar is going to cause some problems in later life and a couple of hundred $s isn't enough but it isn't really Disneys fault that it happened. Doors will always have sharp edges and slight gaps underneith which things get stick in - they need these to work.

I think the problem here is that your SIL wants a vacation and shes suddenly thought that she can get a free one - slightly ironic that the thing she want's most is to go on vacation to a place which caused the injury in the first place!

I'll probably get some flaming from this but seeking compensation is IMO one of the nastiest elements of America. Whenever I visit you get bombarded with "seeking compensation", "got an injury that wasn't your fault" adverts which make me want to scream. Don't get me wrong, people should be protected but it's got to the point where you can sue and claim for almost anything - even if you weren't directly affected!

</off soap box>

Anyway, a similar example to the OP happened to me. I paid a lot of money for the surfing lessons in TL on our honeymoon. During this I fell off the board a lot (no suprise there!) and on two occasions I hit the bottom of the pool hard. The first hit cut my knee without any negative effects but the second time I cut my foot pretty badly (I have a scar). I spent the rest of the holiday walking around with a painful foot in a bandage. I couldn't visit the water parks again for obvious reasons and my usual 'see every attraction in 30 minutes' attitude needed to be adjusted. Did I complain to anyone? No. I saw this as my fault (with some blame on Sir Newton of course) and just a bit of bad luck. No one else was injured and it wasn't like Disney were negligent (the staff were very good actually). Another way of looking at this is that Disney shouldn't have such a rough surface on the bottom of the pool, Disney should provide water socks to prevent this from happening, Disney should post warning notices about these possible accidents and that Disney should at least pay for me to visit again because I had to move 40% slower than I normally would.

Which is the nicer way to look at the world? I'm much happier for accepting it as an accident rather than streesing myself out with claims, compensations and angry letters. If this happened to a loved on rather than me I would be a little more upset but I would still probably say "these things happen".

 

[nmj91385]

Wow! People are so greedy! Why stop at getting compensation from disney? Why not go after whoever manufactured the door? Seriously it was an accident, which you have stated yourself. Everybody has accidents and everybody has scars life goes on!

 

[ewensell3]

My question is, has anyone else had any injuries on property and how did you deal with it and how did Disney resolve it?

My wife burned the back of her leg on a bus. It was late afternoon and we took a bus from MK to DHS. It was a mostly empty bus and we took the seats at the very back of the bus. Mine and my daughter's seats were unusually warm, but not searing (actually felt good to me since my shorts were still wet from Splash Mountain). Apparently my wife's seat was a bit hotter since it caused a bit of redness and tenderness on the back of her thigh.

She changed seats and when we got to DHS she mentioned it to the bus driver. He said he would take the bus in to maintenance immediately... And indeed he flipped off the sign and did not stop for passengers on the way out. We headed over to the DHS med station and they provided us with some ointment and a bandage and sent us on our way.

...and that was about it. Nothing more was offered and nothing more was asked for. I figured Disney did everything they could at that point.

Kinda funny, because it seems we always end up at the DHS med station at least once every trip.

 

[Luige11]

Can't wait to see what this turns into.

 

[Luige11]

A free vacation? RIGHT - I do not think your entire family is owed that in anyway. As everyone else has said, ACCIDENTS do happen and the refunding of the water parks as room credit is a great start. Plus, a $300 credit or whatever is better than nothing. Take what you can get.

I would have to agree due to the fact that it was a accident. I mean theres nothing else you can do really. I had my finger chopped off and I have a scar but I was lucky enough to still have my index finger till this day. I'm not gonna sue the doctor that saved my finger because of a scar. In other words get over it.

 

[fosse76]

- In all reality I don't think Disney legally owed your party anything. But Disney being Disney refunded the water park fees. And were just trying to be nice by offering $300. Despite the fact that $300 does not take away scar tissue on your child's foot. Doors are doors. Just about any and every door can scar your childs foot if misproperly opened or not being aware of your body parts when opening a door. So I don't think Disney really is at fault here, but they are just trying their best to show they care. Glass is half full NOT half empty.

~G

Actually, since the accident happened on Disney Property and was caused by Disney-owned equipment (in this case, a door), they are technically liable for the injury. At most Disney should have covered the medical expense of the stitches, but they most certainly aren't obligated to pay for another trip. And it was merely good customer service to refund the waterpark admission.

You are right, Disney is not at fault, but they are liable. It's just the way our legal system works.

 

[Oddysey]

Actually, since the accident happened on Disney Property and was caused by Disney-owned equipment (in this case, a door), they are technically liable for the injury. At most Disney should have covered the medical expense of the stitches, but they most certainly aren't obligated to pay for another trip. And it was merely good customer service to refund the waterpark admission.

You are right, Disney is not at fault, but they are liable. It's just the way our legal system works.

With the amount of small and more severe injuries that come through the parks every month it seems like it would be very hard for our favorite theme park to stay in business. Especially if everyone decided to claim each incident.

Disney may be technically liable, but the expectation of compensation in most cases is morally objectable. However, you are correct, that is the American legal system.

 

[CaptainJackNO]

Last year we stayed at POP and my niece (she was about 14 months old)got her foot brushed by the room door that had a sharp edge on it which cut her foot and required stiches. It happned on our first day there so the Dr said no swimming pools and Disney gave the money back for the water parks in the form of room credit to everyone in the party that had paid for water parks. After getting home, and almost a year later my SIL said that Disney wanted to offer her about $300 for her "trouble". My niece has a scar on her foot with some noted thicker scar tissue. My SIL simply told Disney all she wants is another vacation. She is not suing, nor going for a large sum of money but, she thinks it's fair that Disney at least give them some sort of vacation. She was even willing to let Disney pick the week for them. Now keep in mind the Dr who did the stiches stated this is not the first time or the last time they have seen this exact injury from Disney room doors. You would think Disney would have fixed this problem with the doors so that no more children get hurt. My question is, has anyone else had any injuries on property and how did you deal with it and how did Disney resolve it?

The injury is certainly unfortunate; however, I must ask why a small child was left near the door alone with the weight and strength required to open these doors to begin with. Disney, in my opinion did not do anything wrong yet they tried to resolve the matter anyway. Doors are doors. Seeking another vacation, in my opinion, is a reach. Imagine what would have happened had her hand gotten caught in the door when it closed. The injury could have been far worse.

 

[CaptainJackNO]

Can't wait to see what this turns into.

:lol::lol::lol:

 

[Momarazzi]

Thanks for posting this. We have a little girl under 2 and we're staying at the POP. I'll be sure to keep her tiny feet away from the doors. She's always wearing flip flops or some other itty bitty shoe in the summer that don't protect her feet.

As far as Disney owing them an entire vacation. Ehh. I don't think so, really. Stuff happens. Those big hotel doors are dangerous. You have to watch your kids no matter where you are. If she would have burned herself on an iron that her mom left on in the room, but on Disney property, would they still be asking for a handout?

 

[Figment632]

I ate too many churros and it gave a bad stomach ache time I was there I want a free vacation!

 

[Mstr Gra-c]

So what your saying is that Disney should have gone through all of the hotels, all of the parks and every other place, solely to examine the doors and prevent this from happening? Sure. I wonder how much this would cost you and your family the next time you visited.

The sad thing is that even though this case is RIDICULOUS...the "Clever Name" individual is somewhat on point. Trust me there are crazier cases that have generated crazier case law and set a very troubling precedent. In essence a 50 dollar injury results in a $200,000 payout due to "emotional trauma" and other nonsense...it happens. So I say fight it...yeah get a lawyer...take it to court and see what happens. Oh but by the time its all over your SIL will have wished she took the 300 and walked.

 

[Luige11]

I ate too many churros and it gave a bad stomach ache time I was there I want a free vacation!

You should get one too! :lol: *sigh* people are gonna hate me.

 

[rkelly42]

Keep an eye on your kids that is the lesson here. Accidents happen and people dont take responsibility and they pass it off to someone else and want something for it. People wonder why prices rise and our insurance prices are crazy it is all because of stupid lawsuits, people always want something for nothing this is just getting disgusting. You should be happy with what they gave you and say thank you and leave it at that. Scars happen they are kids she didnt lose a foot.

 

[sublimesting]

So, here's what gets me. It seems the issue was over UNTIL DIsney called to offer $300, npw you're given an inch so you try to take a mile. We all wind up with scars over our life. It seems to me that the parents are overly coddling her by making a small "scar" into a loss of limb type of issue. She's not going to have to wear special shoes, or be disfigured for life, she had a cut. The fact that you said they weren't going to sue tells me that it was considered and you all feel it's weel within your rights to sue. This is what is wrong with America.

I got a blistering sunburn at Disney in my teens. I stupidly didn't realize the FL sun was SO much hotter than in Myrtle Beach. IT ruined every last bit of my trip. Disney should have warned me with a brochure or something in my room I suppose.

 

[JustInTime]

I would take the 300 and buy tickets for eack park. I would then consider myself very lucky. &(