Prince Charming Carousel Lawsuit

[Siren]

http://www.orlandosentinel.com/busi...y-on-disney-world-carousel-20141205-post.html

A Jacksonville area woman has sued Disney Parks and Resorts, saying she has a permanent disability after she fell from a carousel horse at Walt Disney World in September 2013.

Kathy Hayden alleges in the lawsuit that Disney was negligent.

According to the lawsuit, “Disney changed the design of the stirrup that had been in use on the Carousel for many years, in favor of another model, which provided less tread traction, without anti-slip resistant features and therefore was slippery and dangerous to patrons.”

The suit, filed in Orange County Circuit Court, also alleges that Disney “failed to warn its invitees … of the dangerous condition.”

Disney spokesman Bryan Malenius said in an emailed statement: "We believe the lawsuit is without merit and we will respond to it in court."

Disney emphasizes safety at its parks in publications such as its “Report on Safety” and on its website.

According to the report, the company takes “pride in everything we do to promote safety at our properties – from the Imagineers who apply advanced safety technologies to our attractions to the Security Cast Members who patrol our properties in vehicles, on bicycles and on foot 24 hours a day.”

Hayden’s attorney, Spencer Aronfeld in Miami, said Hayden had been going to the park for 10 years. He said Hayden hit her head on the ground and suffered brain damage.

“She does have health insurance, but she is now disabled and hasn’t returned to work,” Aronfeld said.

The plaintiff is a woman who fell off of the carousel and suffered a head injury resulting in permanent brain damage. It's an unfortunate incident, but Disney claims the lawsuit is without merit.

According to the lawsuit, “Disney changed the design of the stirrup that had been in use on the Carousel for many years, in favor of another model, which provided less tread traction, without anti-slip resistant features and therefore was slippery and dangerous to patrons.”

In part, this may explain why Disney is eager to build entirely brand new parks in new emerging global markets and hesitant to invest here at home in the proper expansion of WDW -- where every new ride is a huge liability. With that said, I do believe companies should be held accountable for making safe attractions.

I'm not judging or blaming the plaintiff, it could be true. But, it's so easy to overlook the massive liability issues that WDW and others encounter on a daily basis. If the woman wins this lawsuit, the carousel's days could be numbered. Frankly, the ride is not worth keeping if people continue to fall off the horses.

 

[Communicore]

I say close it. It's like the Skyway, ancient and obsolete.

 

[FutureCEO]

I say close it. It's like the Skyway, ancient and obsolete.

Can we close the other Carousel? The Carousel of Progress.

 

[Figment2005]

http://www.orlandosentinel.com/busi...y-on-disney-world-carousel-20141205-post.html


The plaintiff is a woman who fell off of the carousel and suffered a head injury resulting in permanent brain damage. It's an unfortunate incident, but Disney claims the lawsuit is without merit.

A few years back, the Prince Charming Carousel closed -- stemming from a rumored incident that involved a little boy who was playing giddy up on the horse and fell off. I found a thread here about it. http://forums.wdwmagic.com/threads/prince-charming-regal-carrousel-closed-temporarily.776563/

According to the lawsuit, “Disney changed the design of the stirrup that had been in use on the Carousel for many years, in favor of another model, which provided less tread traction, without anti-slip resistant features and therefore was slippery and dangerous to patrons.”

In part, this may explain why Disney is eager to build entirely brand new parks in new emerging global markets and hesitant to invest here at home in the proper expansion of WDW -- where every new ride is a huge liability. With that said, I do believe companies should be held accountable for making safe attractions.

I'm not judging or blaming the plaintiff, it could be true. But, it's so easy to overlook the massive liability issues that WDW and others encounter on a daily basis. If the woman wins this lawsuit, the carousel's days could be numbered. Frankly, the ride is not worth keeping if people continue to fall off the horses.

I have not read the lawsuit, but from what I'm gathering, a family is suing Disney because their child was jumping up and down on a horse that bobs up and down on an attraction that spins, and then fell of and became injured? To me it's called physics, and why were the parents letting him endanger himself? Regardless of how slip resistant the treads were, the kid should have been sitting still.

 

[Master Yoda]

I'm not judging or blaming the plaintiff, it could be true. But, it's so easy to overlook the massive liability issues that WDW and others encounter on a daily basis. If the woman wins this lawsuit, the carousel's days could be numbered. Frankly, the ride is not worth keeping if people continue to fall off the horses.

I seriously doubt that. They will just fix the problem.

 

[RandomPrincess]

I have not read the lawsuit, but from what I'm gathering, a family is suing Disney because their child was jumping up and down on a horse that bobs up and down on an attraction that spins, and then fell of and became injured? To me it's called physics, and why were the parents letting him endanger himself? Regardless of how slip resistant the treads were, the kid should have been sitting still.

No the original poster posted two stories the law suit is from an adult woman who fell off the horse and hit her head. She posted a second story about a boy who may have also fallen.

 

[RandomPrincess]

I seriously doubt that. They will just fix the problem.

I agree how many carousels are there around the world that people manage to ride without falling off? How many people ride each day? In a year how many people did not fall off? It's a sad accident but most people seem to ride just fine.

 

[Master Yoda]

I agree how many carousels are there around the world that people manage to ride without falling off? How many people ride each day? In a year how many people did not fall off? It's a sad accident but most people seem to ride just fine.

Exactly. While I have not done a detailed analysis, I will wager that the carousel at WDW is considerably safer and better maintained that the one I see every year at the local fair.

 

[PrincessNelly_NJ]

Mmmm.... I'm curious as to how she can prove that she fell or suffered an injury on that ride..?

Does Disney entertain lawsuits like this or do they just cut a check and settle outside of court?

 

[AngryEyes]

I love how giant corporations are liable for the clumsiness of their patrons.

 

[RSoxNo1]

Exactly. While I have not done a detailed analysis, I will wager that the carousel at WDW is considerably safer and better maintained that the one I see every year at the local fair.

Right, but your local fair doesn't have Disney's wallet.

 

[Master Yoda]

Mmmm.... I'm curious as to how she can prove that she fell or suffered an injury on that ride..?

Does Disney entertain lawsuits like this or do they just cut a check and settle outside of court?

From what I understand, Disney now goes to court especially if they view it as frivolous. In the past, Disney would just run the formula and settle out of court, but less than reputable attorneys and guests began to treat Disney like an ATM.

Right, but your local fair doesn't have Disney's wallet.

I am sure that has nothing to do with it.

 

[CDavid]

Right, but your local fair doesn't have Disney's wallet.

So people see an opportunity to profit from an unfortunate accident or their own clumsiness, and file a frivolous lawsuit to collect from a company with deep pockets. Just disgusting.

If she was actually injured as described I'm very sorry, but exactly how was Disney responsible; Who determined that the new stirrup design was unsafe?

 

[Just Plain Mark]

From what I understand, Disney now goes to court especially if they view it as frivolous. In the past, Disney would just run the formula and settle out of court, but less than reputable attorneys and guests began to treat Disney like an ATM.


I am sure that has nothing to do with it.

I would be surprised if Disney doesn't always run the numbers with litigation, however, the alleged damages in a case like this could easily mean that Disney litigates instead of settling.

As for the OP, I'm confident that negligence claims are not the reason that Disney is building overseas. Instead, the huge, dense population with growing discretionary income is the reason that Disney is building in Shanghai.

 

[Tom]

How many years did this exact attraction operate without Darwin causing people to fall off the horses?

 

[ford91exploder]

So people see an opportunity to profit from an unfortunate accident or their own clumsiness, and file a frivolous lawsuit to collect from a company with deep pockets. Just disgusting.

If she was actually injured as described I'm very sorry, but exactly how was Disney responsible; Who determined that the new stirrup design was unsafe?

A pettifogging lawyer...

 

[ford91exploder]

How many years did this exact attraction operate without Darwin causing people to fall off the horses?

100+ years or so (it is a REAL antique)

 

[Tom]

I blame Parents for the most part and Disney because back in the OLD days the CM would have whacked the E-Stop switch if a guest was acting unsafely and Disney would have supported the CM, Today the CM would be sacked for doing the same thing.

While I agree that parents are responsible for their kids' actions, I would tend to think that a CM, even today, would e-stop the carousel if they actually saw a guest doing something stupid/unsafe. Given how many times the dark rides and boat rides stop, I know the CMs are trigger happy....which is actually a good thing, to protect guests from their own stupidity. Just a shame it has to affect the rest of us.

 

[Yert3]

100+ years or so (it is a REAL antique)

Almost. It was built in 1917. I didn't even know it was a real antique till about a year ago.

 

[GrumpyFan]

Is it just me, or does everyone seem to be mis-reading this, and thinking it's a lawsuit about a child slipping and falling?

A Jacksonville area woman has sued Disney Parks and Resorts, saying she has a permanent disability after she fell from a carousel horse at Walt Disney World in September 2013.

Kathy Hayden alleges in the lawsuit that Disney was negligent.

According to the lawsuit, “Disney changed the design of the stirrup that had been in use on the Carousel for many years, in favor of another model, which provided less tread traction, without anti-slip resistant features and therefore was slippery and dangerous to patrons.”

The suit, filed in Orange County Circuit Court, also alleges that Disney “failed to warn its invitees … of the dangerous condition.”
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