Injury on Disney Property

kashmir

kashmir

Active Member
Luige11 said:
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.
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I hope this accident did not happen at Disney!:(
 
JustInTime

JustInTime

Well-Known Member
I lost my camera on the backlot tour in mgm once. It hurt my heart. Disney bought me a new camera and I didn't even ask for it!!! I sould have askd for a free trip! jkjkjk
 
westie

westie

Well-Known Member
I once wore an offensive t-shirt to wdw. Security stopped me and told me to either wear it inside out or buy another. My feeling were injured. Should I get all litigious up in here?:ROFLOL:
 
disneydata

disneydata

Well-Known Member
Something in this situation needs to be clarified.

Any injury that happens on property (yes, anywhere) becomes a big deal. Aside from the managers that respond, the head duty manager (the one in charge of the park/resort) is also notified, and the maintenance team is alerted to look into the issue. Statements are taken at every level and an incident report is filed for the claims department. The maintenance team looks at the issue and if something needs to be fixed, a work order is generated and it is looked at. Obviously, this issue wasn't just "swept under the carpet" and I'm sure it will happen again.

If this were an issue of something not working properly, it would have been fixed. Since nothing was probably done, I'm assuming that the door/doorway was not malfunctioning. Those doors are heavy and built that way for a few reasons (durability, sound proofing, protect from break-ins, etc) and I don't think Disney would replace them when they work well just because a few people got hurt doing something they shouldn't have been doing.

$300 is a lot of money for something that was your own fault.
 
klineski96

klineski96

Active Member
westie said:
I once wore an offensive t-shirt to wdw. Security stopped me and told me to either wear it inside out or buy another. My feeling were injured. Should I get all litigious up in here?:ROFLOL:
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Well?? What'd it say?? You can't tell us you wore an offensive tshirt and then not tell us what it said! lol :lol:
 
westie

westie

Well-Known Member
klineski96 said:
Well?? What'd it say?? You can't tell us you wore an offensive tshirt and then not tell us what it said! lol :lol:
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If you must know, it was circa 1990 and I was a much youger man, single, with a funny haircut and one tattoo. I walked into the MK wearing a Dead Kennedy's "My War" t-shirt with a picture of a hand puppet hitler holding a kitchen knife. I thought it was soo punk to be made by the man to wear it inside out!

linktopic- http://www.chasermerch.com/pages-productinfo/product-510/black-flag-my-war-sticker.html
 
Clever Name

Clever Name

Well-Known Member
I_heart_Tigger said:
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.
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Torts in the state of Florida are subject to the comparative negligence rule as well as premise liability. The plaintiff only needs to prove that Disney has some degree of fault and that level can be as small as 1%.

Also, remember that in civil cases the proof required is far less than in criminal cases. Disney settles most civil cases based upon a “nuisance fee” threshold. It’s less expensive for them to pay out a settlement than to spend large sums on civil defense.
 
carlosaguiar

carlosaguiar

New Member
Being an European, and so subject to the huge complexities of German/roman law I respect and envy your legal system.

But there is a huge flaw that I really can not understand, how can a person receive such obscene sums of money in law suits.

Being justly compensated for an accident / incident is one thing, trying to get in the fortune 500 after suing someone, in Europe is a crime.
 
I_heart_Tigger

I_heart_Tigger

Well-Known Member
westie said:
I once wore an offensive t-shirt to wdw. Security stopped me and told me to either wear it inside out or buy another. My feeling were injured. Should I get all litigious up in here?:ROFLOL:
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The same thing happened to me. I had to wear it inside out until I convinced my parents to buy me another one. Funny thing is I was about 12 years old and the shirt was pretty offensive but I had gotten it 2nd hand and had worn it around the house so much that we just didn't think about it anymore.


Just for the curious....it had a caterpillar halfway on a crinkle cut french fry and some little motion lines around the caterpillars mid-section. The french fry had a little voice bubble that said "Hey! Knock it off! I'm a FRENCH FRY!"

I know...I know...it's terrible. I should have asked for a free t-shirt (and a free vacation for my entire family) :lookaroun
 
I_heart_Tigger

I_heart_Tigger

Well-Known Member
fosse76 said:
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.
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But isn't that assuming that the door was malfunctioning or not maintained causing the injury. I think a door that is heavy, like the hotel room doors are, could be in perfect working condition and still the injury would have happened. If there is nothing wrong with the door would you still consider Disney liable?
 

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