1disneydood
Active Member
What they should do is have a legal disclaimer on the back of the tickets and passes, and INSIST the ticket to be signed to gain park admission. Would that work?
-
Welcome to the WDWMAGIC.COM Forums!
Please take a look around, and feel free to sign up and join the community.
Judges say Disney can be sued over ride safety
- Thread starter DisneyHoneymoon
- Start date
Epcot82Guy
Well-Known Member
wannabeBelle said:
Nope. Very generally, that's a great thing called an adhesion agreement. If you read any contract, it is likely in there. However, because you aren't considered a "sophisticated party" (no offense!), most attorneys can get you out of those agreements. However, you would have to establish some other contact to California to bring a suit against Disney there. Disney is easy to establish contact-wise, but a Florida resident would have a more difficult time to just sue.
Another problem we have here, though, is that the majority of people will not see this as a "California Supreme Court" decision, and they will become more sue happy. This does two things: 1. Increases the amount Disney will have to settle to keep the media and press down (b/c we all know that the Press can twist just about anything, making a meritless claim into the end for Disney World) and 2. It increases Disney's court costs for litigating these cases. Generally, America follows the "American Rule" (intuitive, huh!) where each party pays his or her own attorney's fees. Disney generally pays in house a salary, but if they have to go outside the company, they pay. Several states have enacted statutes that allow for fees to be awarded for various reasons, though. The intricacies are more complex, but that is the VERY GENERAL rule (i.e. any other attorneys, please don't attack me! I'm just a 1L!
). As a general rule, California is perhaps the most "unique" (i.e. nice word for insanely stupid) body of law in the country. The way it operates is like no other state in the Union. Therefore, from a legal perspective in courts, this will likely not have much effect except possibly for Disney vs. California residents or for people visiting Disneyland. However, outside the law itself, we may see something of this that may not be pretty.
Hope that helps!
Epcot82Guy
Well-Known Member
1disneydood said:
Just on a note. Those signatures are actually quite easy to get around in court. Unless you fully understood the terms and had "consideration" for them of some type, you usually aren't bound.
Tom
Beta Return
1disneydood said:
They can do anything - but these idiot judges and plaintiffs will continue to try to find every loophole to get something for nothing.
I think I'm going to sue Ford because I was driving down the road in their automobile and drove through a deep pothole - causing me to hit my head on the door, which gave me a huge headache. This is definately Ford's fault!!!!
hakunamatata said:
no actually its disney's responsibility to keep its riders safe. if a ride can kill someone it needs to be shut down. they do not have the right to have rides that are dangerous like this. lawsuits will keep them in check and they will be forced not to have rides that can kill people.
peter11435
Well-Known Member
Im just gonna say it. Your an idiot and have no clue what your talking about.swincha said:
peter11435
Well-Known Member
I don't make accusations that have absolutely no facts to support them. Give me an example of a ride that has "killed" someone.swincha said:
MagliteL13
Active Member
swincha said:
Why do I sense an arqument coming?
swincha said:
And Disney does do it's part in keeping the riders safe. A good recent example are the automated gates for the monorails. Speaking of the monorails, there's the "Please stand clear" announcement. What about all the announcements and gating and signage inside of the parks? The only thing dangerous about the attractions are the people who ride them! If you go on Big Thunder and decide to stand up after being told not to or ride M:S if you do have a fear of dark, enclosed spaces, spinning, simulators, or anything else they WARN you about, dagnabbit, it's your own fault!
MagliteL13
Active Member
peter11435 said:
Maybe he's thinking of this park in California that has this ride called, oh I don't know, "The Terminator." It's like the tea cups but involves a bunch of spinning blades and maybe a hammer or two!
READ: Sarcasm.
Sorry, this entire talk of rides killing people makes it sound like there's some ride out there that only does that! Now that's what I call a roller coaster to hell!
daveemtdave
New Member
TTATraveler said:I agree with you 100%, but with the way our society is, theme parks and amusement parks will probably be responsible for anything. Next thing you know, when some idiot goes on a thrill ride after eating a big lunch, then looses his/her lunch on the ride:hurl:, the park will have to reimburse the customer for their food cost.
Was at Cedar Point and was sitting under The Rapter and this really did happen. Talk about a 'chain' reaction. We now go to a different food stand. LOL
On a serious note - anyone can sue - but can they prove their claim.
1disneydood
Active Member
ya know what? forget it.
*edited*
*edited*
Testtrack321
Well-Known Member
FigmentFreak said:
Totally agree.
TTATraveler
Active Member
swincha said:
So if I am in need of a triple bypass, have high blood pressure, smoke and drink, and have high cholesterol and decide to go on the Haunted Mansion, and one of the pop ups from behind the tombstones in the graveyard scene scares me, and as a result I die, I guess by your line of thinking Disney should shut the ride down beacuse it is dangerous and killed me.
Sorry for the run on sentence, but given the right circumstances and conditions, any ride can be deadly including getting behind your wheel and drive. That does not mean all rides should be shut down cause they could kill someone, or we stop driving, since that can be deadly as well.
If a mechanical malfunction occurs where a theme park is clearly to blame for a death due to negligence, that is a different story.
imagineer boy
Well-Known Member
This topic is going to go up there with Gay Days, Political, and Universal vs. Disney threads that can't be discussed without an argurment. Can't we all PLEASE just get along??????
imagineer boy
Well-Known Member
swincha said:
Please. People die on rides alot of times in parks other than Disney. The ride has been open for a few years now, and if no one until now dies then its pretty safe. It was just an accident that the kid died. If fifteen people have died since it opened, then it obviously has a problem.
Mimi
Active Member
I must agree with the underdog here. (Kudos to you for standing your ground!) Disney is responsible for the safety of its guests, plain and simple, unless there is really outlandish behavior going on.
I also agree with everyone else that Disney sets a higher standard for itself than it is generally required to. However, unpredictable things can happen in which case Disney must accept resposibility. People literally put their lives into the hands of Disney when they get on their rides and expect to live through the experience. If one person in 10 million is hurt on a ride than Disney is liable for that one person's injuries, again unless the guest clearly disregarded the warnings.
I also agree with everyone else that Disney sets a higher standard for itself than it is generally required to. However, unpredictable things can happen in which case Disney must accept resposibility. People literally put their lives into the hands of Disney when they get on their rides and expect to live through the experience. If one person in 10 million is hurt on a ride than Disney is liable for that one person's injuries, again unless the guest clearly disregarded the warnings.