EpcoTim
Well-Known Member
Probably. If you look closely you can see a blue double stroller at the top of the photo. Actually I believe that photo was taken outside of the Living Seas.
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Injury on Disney Property
- Thread starter natolij02
- Start date
Probably. If you look closely you can see a blue double stroller at the top of the photo. Actually I believe that photo was taken outside of the Living Seas.
disneydata
Well-Known Member
No, Disney would not consider that a reasonable settlement. They already offered more than enough compensation.
WishIwasThere
Active Member
WishIwasThere
Active Member
...broken toes here we come.That's why they have insurance.
MOST people will see it for what it is, an accident, and leave it at that. I remember one time at work I accidentally knocked a fire extinguisher off the wall and it hit me in the foot, requiring me to get stitches. Even though the accident was completely my fault, the company still had to pay. Initially I used my own insurance, but I pretty much balked at paying the emergency room co-pay so I asked a manager what could be done and all I did was have to fill out an incident report and submit the ER forms.
I certainly wouldn't have waited months later and try to extort something out of them.
It's called "Punitive Damages." Its purpose was to punish a company that was so willfully violating the law/rights that the judgment had to be large to hurt, as an incentive not to behave in such a malicious manner. Conservatives in this country have done a good PR job in turning it into something bad, when the truth is those large awards aren't actually common (though you'd think they were). I think the easiest fix would be to simply award punitive damages to the states (maybe a small percentage of it to the plaintiff) to prevent frivolous claims...which generally do get dismissed.
The system isn't FORCING Disney to settle. Disney believes that the legal precedent isn't worth the value of litigation, and will make it go away. Our court system is designed to encourage settlements...but the legal claims still exist and can go to trial if either party feels a settlement wouldn't create any justice for their side.
AshaNeOmah
Well-Known Member
Leave the politics out of it. The legal system is not and should not be based on political party.
Timekeeper
Well-Known Member
Money Talks, Unless It Doesn't Have Anything to Say
Returning to the original post, the $300 offer smells of "risk management" and receiving the money will most likely include some "paperwork" - which is code for a release of liability and waiver of the right to sue in the future. Careful consideration needs to be given before accepting what is basically a "settlement" in itself.
I don't come across many doors that have sharp metal bottoms. The majority of doors will, at most, scratch or bruise the foot if caught, but not slice it to the degree of requiring stitches. (I heard that XS Tech offers some neat stitches). But it's probably cheaper to comp guests with services/refunds that pose not real out-of-pocket expenses and offer them a small amount of money than to replace all of the problematic door fittings in the thousands of hotel rooms.
We all drive our cars anticipating that a tire may in fact blow out, and that we will just have to deal with it when the time comes. But when it happens to a number of cars resulting in injuries because of a problem that the same tire manufacturer knows about, well, that's when our "that ain't right" instinct kicks in. :brick:
Returning to the original post, the $300 offer smells of "risk management" and receiving the money will most likely include some "paperwork" - which is code for a release of liability and waiver of the right to sue in the future. Careful consideration needs to be given before accepting what is basically a "settlement" in itself.
I don't come across many doors that have sharp metal bottoms. The majority of doors will, at most, scratch or bruise the foot if caught, but not slice it to the degree of requiring stitches. (I heard that XS Tech offers some neat stitches). But it's probably cheaper to comp guests with services/refunds that pose not real out-of-pocket expenses and offer them a small amount of money than to replace all of the problematic door fittings in the thousands of hotel rooms.
We all drive our cars anticipating that a tire may in fact blow out, and that we will just have to deal with it when the time comes. But when it happens to a number of cars resulting in injuries because of a problem that the same tire manufacturer knows about, well, that's when our "that ain't right" instinct kicks in. :brick:
kashmir
Active Member
The system isn't FORCING Disney to settle. Disney believes that the legal precedent isn't worth the value of litigation, and will make it go away. Our court system is designed to encourage settlements...but the legal claims still exist and can go to trial if either party feels a settlement wouldn't create any justice for their side.[/QUOTE]
Sue to what end? They will ask for the vacation and then...
Sue to what end? They will ask for the vacation and then...
nankeldisney821
New Member
I was at the Port Orleans Riverside Resort back in 2005 and my husband had left empty glass bottles on the counter for the cleaning ladies to take with them but they had knocked them off and broke them on the floor instead. The next morning my daughter got out of the shower and stepped on a piece of glass right outside the door, on the rug area. We looked on the floor and noticed more glass that they never vaccuumed up. They sent 2 girls up to clean again but they had a spray bottle and a towel and were hard to understand and didn't understand me. I called back and they had to come back and we were in a hurry and almost missed our breakfast reservation.
I did not b**ch and complain about it and WOULD NOT have even considered getting compensated for it even though they were the ones who broke the bottle and clearly did not clean it up correctly!
It amazes me that your SIL thinks that Disney is in the wrong with this. If you stand close enough to ANY door and your foot gets caught under it, you are going to get hurt whether it is a cut, bruise or just a scrape! It is only a small scar on her foot that will most likely fade over the years and she is a kid and kids hurt themselves all the time. Don't get me wrong, I feel bad for the little girl but you can buy Vitamin E to reduce scarring and I have used it on my face when I was told I would have a huge scar and do not have one now. I think she has been compensated enough. I got nothing for a piece of glass in my daughters foot and did not expect anything as accidents happen.... Just like everyone else has stated, she should be happy that she got anything. I would have been THRILLED if I got $300 AND the water park price deducted!
I did not b**ch and complain about it and WOULD NOT have even considered getting compensated for it even though they were the ones who broke the bottle and clearly did not clean it up correctly!
It amazes me that your SIL thinks that Disney is in the wrong with this. If you stand close enough to ANY door and your foot gets caught under it, you are going to get hurt whether it is a cut, bruise or just a scrape! It is only a small scar on her foot that will most likely fade over the years and she is a kid and kids hurt themselves all the time. Don't get me wrong, I feel bad for the little girl but you can buy Vitamin E to reduce scarring and I have used it on my face when I was told I would have a huge scar and do not have one now. I think she has been compensated enough. I got nothing for a piece of glass in my daughters foot and did not expect anything as accidents happen.... Just like everyone else has stated, she should be happy that she got anything. I would have been THRILLED if I got $300 AND the water park price deducted!
Timekeeper
Well-Known Member
It's A Negligent World After All
Accidents do happen. When accidents happen too often or with too much severity, however, people need to catch on and inquire as to why the "accidents" are happening. If a guest fell from the loading platform onto a track at least once every few days, we'd probably expect Disney to install hydraulic gates or take other active steps to prevent the injuries. Surely we would not accept a "oops, accidents happen" response from Disney.
Back in the good ol' days, floor mats in cars sometimes creeped up from under the driver's feet - getting stuck below the break/gas pedals - resulting in some deadly situations. Oops, accidents happen? Maybe, but the better answer and result is that due process of law lead to some very simple re-engineering that resulted in modern cars having hooks on the driver's side floor that keep the floor mat in place.
We would like to think that companies have our best interests in mind whenever they make a decision, but the truth is - unfortunately - money talks much more loudly than a written letter expressing concern. Sometimes it takes the potential of fiscal liability to "encourage" compliance with maintaining a reasonable standard of care. This is especially true when we are the paying guests on another's property. This is the reason for why we have tort law in the first place. We don't want big companies to pay wrongful death settlements instead of instituting a proper product recall simply because it's cheaper to pay the settlements than it is to recall the products.
A telephone call or written letter probably wouldn't do much. But if the potential for liability were greater - maybe a huge corporation would replace the glass cups with an alternative shatterproof material - thus creating a safer environment for millions of other guests for years to come. Not all lawsuits are as evil as many people imagine. Our schools are beautifully segregated as the result of a lawsuit... countless rights, liberties and freedoms that we enjoy as Americans are the result of lawsuits.
We want a company that provides a good or service for us to do so in a safe manner. Whether that company's desire to do so is motivated by goodwill or by fear of liability for breaching that trust... take a guess. Do Orlando residents really want to drive at 50 mph down the interstate when there's little traffic? Maybe. But fear of being ticketed probably provides some "encouragement" to follow the speed limit.. Does the reason that motivates the behavior matter? Nope.
Accidents do happen. When accidents happen too often or with too much severity, however, people need to catch on and inquire as to why the "accidents" are happening. If a guest fell from the loading platform onto a track at least once every few days, we'd probably expect Disney to install hydraulic gates or take other active steps to prevent the injuries. Surely we would not accept a "oops, accidents happen" response from Disney.
Back in the good ol' days, floor mats in cars sometimes creeped up from under the driver's feet - getting stuck below the break/gas pedals - resulting in some deadly situations. Oops, accidents happen? Maybe, but the better answer and result is that due process of law lead to some very simple re-engineering that resulted in modern cars having hooks on the driver's side floor that keep the floor mat in place.
We would like to think that companies have our best interests in mind whenever they make a decision, but the truth is - unfortunately - money talks much more loudly than a written letter expressing concern. Sometimes it takes the potential of fiscal liability to "encourage" compliance with maintaining a reasonable standard of care. This is especially true when we are the paying guests on another's property. This is the reason for why we have tort law in the first place. We don't want big companies to pay wrongful death settlements instead of instituting a proper product recall simply because it's cheaper to pay the settlements than it is to recall the products.
A telephone call or written letter probably wouldn't do much. But if the potential for liability were greater - maybe a huge corporation would replace the glass cups with an alternative shatterproof material - thus creating a safer environment for millions of other guests for years to come. Not all lawsuits are as evil as many people imagine. Our schools are beautifully segregated as the result of a lawsuit... countless rights, liberties and freedoms that we enjoy as Americans are the result of lawsuits.
We want a company that provides a good or service for us to do so in a safe manner. Whether that company's desire to do so is motivated by goodwill or by fear of liability for breaching that trust... take a guess. Do Orlando residents really want to drive at 50 mph down the interstate when there's little traffic? Maybe. But fear of being ticketed probably provides some "encouragement" to follow the speed limit.. Does the reason that motivates the behavior matter? Nope.
understand that this was not meant to be a "heated" topic. I personally am not taking advantage of Disney, and have no problem with Disney from my point of view. The purpose of the topic was to hear about other peoples experiences to see if what was being offered was par for other peoples situations.
I find your comment rude and insulting.......the parent is very responsible and keep in mind a 14 month old can run around a room, and she started to go towards the door and her mother was right behind her and bad timing the father opened the door before she could get to her. (Ever try to keep a 14 month old still for a long period of time?) How dare you say its neglect. I did not come on her for your opinion of what happened merely to find out about other peoples experiences so we had something to compare it to, to see if how it was dealt with was fair!
For your information, the vacation was not $5,000....it was significantly less than that. So don't make comments with factual infomation in it that you are not properly informed about.
Lastly, how could you even make a comparison to someone who slams their childs head into a door to this situation?
actually you are incorrect. the issue was not over before disney called her to offer her the money. in fact, the day the injury happened she was told by disney that disney would contact her in regards to the medical bills issues. DISNEY is the one who said the case would not close out until a much later date due to the fact they wanted to see what the result of the childs injury would be after a period of time of healing. her intentions are NOT to sue so please don't assume that just because she was seeking more compensation due to her childs injury
This thread has gotten way out of hand! Some of you are harshly opinionated! Thank you to the few people who actually wrote about their experiences (which is all I asked for to begin with) This gives us a better idea of other outcomes and wether Disney is offering a fair compensation.
Will the moderators please lock this thread now!
Will the moderators please lock this thread now!
disneydata
Well-Known Member
So it was an accident. You want Disney to pay for an accident of which they had no involvement other than it being their room?
Actually, on average, a family of four spends about $1000/day on a Disney vacation. Which is a fact. $5k is not far off from average.
So let me ask you something to clear this up. Did she want another vacation BEFORE or AFTER Disney called her? Since it seems like this came after the call, it sounds like she is trying to suck more out of Disney's offer.
They will if it becomes uncivilized, but not just because you are getting responses you don't want. Believe me, there have been far worse threads here, and the moderators are very good at what they do.
I_heart_Tigger
Well-Known Member
Accidents happen because of neglect. I didn't say it was intentional but it was in fact neglectful on the part of your SIL. She neglected to ensure the child was away from the door, it's a simple fact. I didn't say it was the easiest thing in the world to keep up with a toddler but it is still neglect, plain and simple.
And it's a perectly reasonable assumption that if the child was able to get close enough to the door to have it open over her foot...she was close enough to the door to have a worse accident happen and your SIL should count her blessings that all she got was a little scratch because she could have easily been between the door and the wall and have a head injruy from it. It would have been due to the same neglect...not intent...neglect and no fault of the door.
I find someone trying to profit outrageously from a scratch on a childs foot rude and insulting so i guess we're even
Timekeeper
Well-Known Member
A complainant in a legal action has both a position and an interest(s). Many laypeople without experience in the legal profession often confuse the two. A complaint alleges "damages" reflected by a monetary value, which is appears as the complainant's position. But in reality, most complainants have an interest different from their position. Anyone who has been trained as a mediator will tell you the same. An interest, for example, might be safer conditions, or something as simple as a genuine apology.
If someone sues for employment discrimination, a knee-jerk reaction is "that person just wants a free ride paycheck without having to work." That is a classic misconception. More often then not, what the person really wanted was an earnest discrimination-free job.
It is - unfortunately - very difficult for most people to see past the position to the underlying interest, as evidenced by numerous posts throughout this thread.
If someone sues for employment discrimination, a knee-jerk reaction is "that person just wants a free ride paycheck without having to work." That is a classic misconception. More often then not, what the person really wanted was an earnest discrimination-free job.
It is - unfortunately - very difficult for most people to see past the position to the underlying interest, as evidenced by numerous posts throughout this thread.
Sassagoula-Rvr
Well-Known Member
Maybe others have had this, but at Kali River Rapids...the height marker ("You can ride if you're this tall...") is like an uncovered metal beam. And one of our younger people in our group, was excited and went walking over to it, and I know this is stupid but he is a little kid. He walked right into it, and the metal got him....we all know how much a head can bleed! anyways Disney paged the unsite Medical people and they came and cleaned him up, thankfully it didn't require stitches. But a Disney customer Service rep showed up and checked on us. She stood at the loading dock then when we came through the guy went to unload our boat...she said No...then as we left for another go around, I saw her pull the poor CM aside and "explain" to him the situation...as he was reluctant to let us go. Still Disney didn't have to do that...we understood it was an accident but...hey...:shrug::sohappy: