Injury on Disney Property

[accord99cutie]

This is ridiculous! Say I buy a pair of shoes while in Disney, then wear them continuously for 10 hours while at a park, then I find I have huge blisters on my feet! I am in so much pain I can no longer walk! After the blisters pop I am left with scars on feet! Can I sue Disney? for selling shoes that made my feet blister? Cuz if someone can sue them for their child getting hurt on a perfectly fine working door, then I by all means should be able to sue them for selling shoes that caused blisters and left me with scars!!

Ridiculous!!!

 

[1disneydood]

Let me know how this turns out, OK? Because I'd peel back my toenail AND scar my foot for a free trip to WDW for my family.

 

[Luige11]

Let me know how this turns out, OK? Because I'd peel back my toenail AND scar my foot for a free trip to WDW for my family.

I don't think they are gonna get a free trip.

 

[Oddysey]

Honestly, this conversation/flaming and many of the analogies are getting way out of hand.

 

[PhotoDave219]

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?

I haven't read the entire thread so i apologize if any of this has been said by others.

You're looking at two issues here. Disney's sharp edge on the door and the Doctor's stitching. Disney is not responsible for how a doctor at a hospital stitches up your niece's foot.

As for Disney's doors, there's a certain level of personal responsibility that a guest has to have. IMO, wearing shoes when exiting/entering a doorway generally falls under the pretext of "guest's responsibility."

Where i see it, Disney has acted in good faith and gone out of their way to make good for what happened and I feel that your SIL is trying to get more than just compensation.

I have larger questions about the situation, including why a 14 month old is in a position to injure themselves on a door as well as why a 14 month old would be brought to a waterpark.

 

[tony&mistyw]

I can't stand people who want something for nothing. I am sorry to hear of the child's injury, but she was given medical attention and disney returned the water park fee and offered $300. Be happy and get on with your life. I bet right now you are wishing you hadn't started this thread now that it is 6 pages long and 90% of us disagree with you and your SIL. Next time use a little common sense when posting please.

 

[Clever Name]

I should also mention that the plaintiff in this case might want to consider small claims court. In Florida, the dollar limit for small claims is $5,000. The plaintiff will have to pay a small fee to file the claim and also pay for Service of Process (i.e. the summons which will be served on Disney).

Once Disney receives their “Notice to Appear”, they’ll try to settle the case before it goes to trial. If their offer is refused, they must go to the pretrial hearing. At this point the judge will often order that the case go to a mediation conference. If that fails, the case goes to trial.

I can tell you that most cases don’t go to trial. Disney always prefers settlements for obvious reasons (public records and adverse publicity make Disney very nervous).

You might advise your SIL that pursuant to the Florida statute of limitations, claims for injuries sustained by a minor must be brought within four years of the date of the injury. Your SIL still has plenty of time to file a claim.

She might also want to try a more direct route and just contact Disney and suggest a settlement amount. A two week all expenses paid trip to WDW would be a good starting point and seems to be in line with the wishes of your SIL. Under the circumstances you described, I think Disney would consider this a reasonable settlement.

 

[Gig 'Em Mickey]

Sure go small claims, because "Disney will want to settle before trial." So you blackmail them even though you know it's not right, and still get something for nothing.

How f-ed up is our system to allow all the crap that gets "settled" like this.

 

[pixel-dust]

my daughter had a nosebleed at Disney. Out of thin air there were people there to help us. We got her nose to stop and her little face cleaned up. When I went to purchase a clean shirt- they gave it to her as a gift.
She was just the happiest kid on the planet for that. I never would have expected it, but the manager with us said they were empowered to help out in situations like that. Or they really didnt want to see a 9 yr old skipping thru Mickeys House looking like she was carnage from a horror movie.

 

[Phonedave]

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

Black Flag - Not Dead Kennedy's

As long as you did not tell the CM "I want to crucify with nails from your well stocked garage Family Man, Saint Dad, Father on Fire"

Ah, good times, good times.

-dave

 

[I_heart_Tigger]

I suspect the OP has had about enough of this thread anyway with 99% of us telling her that her SIL is greedy and 1 shyster giving her his lawbook refernce of How to Sue Everyone and Annoy People. They probably won't be reading this anymore...too busy trying to figure out how to get a brand new car because they slammed their daughters hand in it...darn hand eatin' car doors

 

[figmentisgreat]

deleted

 

[Duckberg]

InJuRy

Its not a problem until its YOUR problem Duckberg :brick:

 

[AshaNeOmah]

I should also mention that the plaintiff in this case might want to consider small claims court. In Florida, the dollar limit for small claims is $5,000. The plaintiff will have to pay a small fee to file the claim and also pay for Service of Process (i.e. the summons which will be served on Disney).

Once Disney receives their “Notice to Appear”, they’ll try to settle the case before it goes to trial. If their offer is refused, they must go to the pretrial hearing. At this point the judge will often order that the case go to a mediation conference. If that fails, the case goes to trial.

I can tell you that most cases don’t go to trial. Disney always prefers settlements for obvious reasons (public records and adverse publicity make Disney very nervous).

You might advise your SIL that pursuant to the Florida statute of limitations, claims for injuries sustained by a minor must be brought within four years of the date of the injury. Your SIL still has plenty of time to file a claim.

She might also want to try a more direct route and just contact Disney and suggest a settlement amount. A two week all expenses paid trip to WDW would be a good starting point and seems to be in line with the wishes of your SIL. Under the circumstances you described, I think Disney would consider this a reasonable settlement.

Clever Name, are you by chance a trial lawyer in Central Florida trying to drum up business on a forum? You obvious knowledge of the facts behind Florida law is impressive and your insistence that Disney is probably responsible really makes it look like you want the OP for a client.

As for the rest of us, we know that the laws passed by states can, at times, be advantageous to parties that have no real grievances against the defendant. Hopefully, a judge would see that doors would need square corners to fit inside door frames and changing all the hotel door frames to rounded corners would be very cost prohibitive. Also, creating doors of a softer metal or non-metal material so that cuts would not occur would be a near impossible task. :hammer:

 

[Master Yoda]

This just in....

All WDW guests will be required to wear this suit as soon as you step on WDW property.

 

[WDWmazprty]

This just in....

All WDW guests will be required to wear this suit as soon as you step on WDW property.

I bet if you slap on some WDW decals and sell it for $100 people would actually buy it!!!!! :ROFLOL::ROFLOL::ROFLOL:

Then they'd ask for a free vacation because it was so uncomfortable to wear around the parks!:ROFLOL::ROFLOL::ROFLOL:

 

[EpcoTim]

This just in....

All WDW guests will be required to wear this suit as soon as you step on WDW property.

This is the first step in the world ending war of the non-stroller pushers vs the stroller pusher/ECV nations. THIS IS SPARTA!!

 

[PhotoDave219]

This is the first step in the world ending war of the non-stroller pushers vs the stroller pusher/ECV nations. THIS IS SPARTA!!

Have you seen those new SUV/overside ECV's that some of the orlando rental companies are giving out? They seem wider than typical ADA compliant. Almost as tall as my car. Barely fit on the monorail.

 

[EpcoTim]

Have you seen those new SUV/overside ECV's that some of the orlando rental companies are giving out? They seem wider than typical ADA compliant. Almost as tall as my car. Barely fit on the monorail.

It's only a matter of time til your seeing ECV's with 20's on them. There will soon be 2 lines to get into a Disney park. One for people who have ECV's/strollers and one for everyone else, to get fitted for one of those suits.

 

[Master Yoda]

It's only a matter of time til your seeing ECV's with 20's on them. There will soon be 2 lines to get into a Disney park. One for people who have ECV's/strollers and one for everyone else, to get fitted for one of those suits.

I wonder if they will let me in with this?