Prince Charming Carousel Lawsuit

[Siren]

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

I don't know. How can you fix a merry go round? Disney installed lap bars on Splash Mountain and added trim brakes to slow down Space Mountain. There was a pool incident that brought about fencing for all Disney pools to keep people from swimming unsupervised at night. There's nothing Disney can do about a merry go round. The plaintiff claims to have suffered permanent brain damage. If Disney loses this case, it may not be worth the risk of keeping it open.

 

[PhotoDave219]

No. And, I apologize for the confusion -- the story is about recent lawsuit filed by a woman who fell as she was dismounting from the horse and hit her head, resulting in permanent brain damage. Her attorney blames the fall on the grips that were changed.

I added the story about a little boy who fell off of a horse 3 or 4 years ago forcing the carousel to close. It was believed that Disney closed the carousel to make changes -- possibly to the stirrups. There was no lawsuit concerning the little boy. But, I was just trying to tie it all together because the plaintiff claims the new stirrups caused her to fall.

I'll just go back and remove that part because it's confusing to everyone, lol.

Here it is -

"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."

No I saw this case when it was filed with the orange county courts… it's a four-page complaint. (I have a hard copy in my hands right now)


Nowhere does it say a severe head injury. The only times any injuries are referenced our paragraph 8 that simply says she was injured when she slipped and fell… And paragraph 10 that reiterates that. There's nothing here that specifies anything about her injuries, their extent or anything like that.

Paragraph 12 says the exact same thing that all slip and fall lawsuits do… And also mentions "and aggravation of a previously existing condition"

All of the language is identical to most every other slip and fall lawsuit that you see filed.

But for those playing the home game… The part where it says aggravating a previous existing condition is paragraph 12 on page 3 of the complaint.

People file slip and fall lawsuits in orange county every day. This is no different.

 

[PhotoDave219]

I don't know. How can you fix a merry go round? Disney installed lap bars on Splash Mountain and added trim brakes to slow down Space Mountain. There was a pool incident that brought about fencing for all Disney pools to keep people from swimming unsupervised at night. There's nothing Disney can do about a merry go round. The plaintiff claims to have suffered permanent brain damage. If Disney loses this case, it may not be worth the risk of keeping it open.

You can't… This is a shakedown for money. There is nothing that Disney needs to do to fix the ride. There's nothing wrong with the ride. There's nothing that needs to be done.

 

[PhotoDave219]

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.

I have. It's a four-page complaint. In female Adult guest slipped and fell as she was getting off a horse on the carousel, aggravating an already existing condition.

There are no specifics as to how this happened in the complaint.

 

[ZodIsGr8]

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

Oh no you didn't!

 

[heath.sneyd]

… And also mentions "and aggravation of a previously existing condition"

Just as I suspected... The "Brain Damage" was pre-existing...
You'd think that after 10 years, she'd know how to safely dismount a giant wooden horse...

 

[SteamboatStitch]

 

[note2001]

Ah, the good old USA, where everyone is given an equal chance of showing how we can take something as simple as falling and pin it on a corporation, all to make a lawyer some money.

I'm sorry she got hurt, and in the MK of all places - the one place I where I snort the pixie dust and like to believe is safe.

What many folk don't realize is that injuries bring out the wolf in us. We want to snap back at something, anything that hurt us. It's that response, and in particular, the timing of that response that the lawyers prey upon. They want to get to you while you're still mad and keep you mad before you wake up and realize the fault was only your own.

Does this mean Disney will now need to install lifts onto/off of the horses for those who can't manage the step?

 

[Gabe1]

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

But there was a change that Disney implemented it appears. Stating Went from slip resistant stirrup to a smooth surface and end result a guest slipped. Generally Disney changes are for more precautions not less. Real horse or carousel you have to hike yourself up on one leg and throw your other over the saddle and same dismounting. I have two sets for my former horse and one has a plastic insert with hundreds of peaks of plastic that grabs the boot and the other is a rubber similar to rubber slip resistant door mats also with peaks like the underside of the mat.

If Disney went to a smooth steel stirrup I would like to hear the whys of that decision. Color me curious.

 

[alissafalco]

Just as I suspected... The "Brain Damage" was pre-existing...
You'd think that after 10 years, she'd know how to safely dismount a giant wooden horse...

Those horses are not that high up for someone to fall that hard to get brain damage. That whole part of the story just doesn't add up.

 

[PhotoDave219]

Just as I suspected... The "Brain Damage" was pre-existing...
You'd think that after 10 years, she'd know how to safely dismount a giant wooden horse...

All I know about this case is what lies in the four-page complaint. It reads like every other slip and fall case I've ever looked at.

 

[Darth Sidious]

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.

Most frivolous cases are looking to settle and the second Disney takes them to court they already lost in legal fees when they lose.

 

[The Mom]

Most frivolous cases are looking to settle and the second Disney takes them to court they already lost in legal fees when they lose.

Ah, but FL is home to many lawyers who only charge you a fee if you get a settlement (according to their ads). Granted, they must lose money from time to time, but must get enough companies that settle out of court to make it worthwhile.

 

[PhotoDave219]

Ah, but FL is home to many lawyers who only charge you a fee if you get a settlement (according to their ads). Granted, they must lose money from time to time, but must get enough companies that settle out of court to make it worthwhile.

So I'm doing legal research reporting on the side for the month… The amount of slip and fall cases I see file daily in Osceola and orange are amazing. And it's always the same law firms.

Like I said, the case in question here? It reads just like every other slip and fall case. It's almost as if it's cut and paste.

 

[Master Yoda]

I don't know. How can you fix a merry go round? Disney installed lap bars on Splash Mountain and added trim brakes to slow down Space Mountain. There was a pool incident that brought about fencing for all Disney pools to keep people from swimming unsupervised at night. There's nothing Disney can do about a merry go round. The plaintiff claims to have suffered permanent brain damage. If Disney loses this case, it may not be worth the risk of keeping it open.

In this particular case the plaintiff mentioned a new stirrup that was slippery and that was the cause of the accident. If that is found to be the case, they will simply have to fix this issue.

There are thousands of carousels that have been running in the US everyday for more than a century. The idea that they are somehow all death traps and Disney will have to shut this attraction down just does not hold water.

 

[ford91exploder]

But there was a change that Disney implemented it appears. Stating Went from slip resistant stirrup to a smooth surface and end result a guest slipped. Generally Disney changes are for more precautions not less. Real horse or carousel you have to hike yourself up on one leg and throw your other over the saddle and same dismounting. I have two sets for my former horse and one has a plastic insert with hundreds of peaks of plastic that grabs the boot and the other is a rubber similar to rubber slip resistant door mats also with peaks like the underside of the mat.

If Disney went to a smooth steel stirrup I would like to hear the whys of that decision. Color me curious.

Here is where life gets interesting, A 'slip resistant' surface can catch and drag whereas a smooth surface will just release.

 

[DisDan]

My question is whether the sprinkles turned into a rainstorm. Were their actions to plan ahead justified as more rain potentially fell?

It was an overcast day and so I guess one could have thought it was about to rain. But no, it never rained that day more than a little sprinkle and mist here and there. Still, opening an umbrella on a moving ride is not very smart.

 

[PhotoDave219]

It was an overcast day and so I guess one could have thought it was about to rain. But no, it never rained that day more than a little sprinkle and mist here and there. Still, opening an umbrella on a moving ride is not very smart.

Here is where life gets interesting, A 'slip resistant' surface can catch and drag whereas a smooth surface will just release.

In this particular case the plaintiff mentioned a new stirrup that was slippery and that was the cause of the accident. If that is found to be the case, they will simply have to fix this issue.

There are thousands of carousels that have been running in the US everyday for more than a century. The idea that they are somehow all death traps and Disney will have to shut this attraction down just does not hold water.

The complaint gives no details as to how the plaintiff fell, Beyond as she was getting off the horse.

I just don't buy it. It reads like every other slip and fall lawsuit that I've seen in the past two weeks… granted I'm no expert on premises commercial liability law but this be seems like a shakedown.

 

[NelsonRD]

The complaint gives no details as to how the plaintiff fell, Beyond as she was getting off the horse.

I just don't buy it. It reads like every other slip and fall lawsuit that I've seen in the past two weeks… granted I'm no expert on premises commercial liability law but this be seems like a shakedown.

Dave, does it read like every other slip and fall lawsuit that you have seen?

 

[note2001]

The complaint gives no details as to how the plaintiff fell, Beyond as she was getting off the horse.

I just don't buy it. It reads like every other slip and fall lawsuit that I've seen in the past two weeks… granted I'm no expert on premises commercial liability law but this be seems like a shakedown.

It does feel like that, although so do most other lawsuits against Disney Parks. Some are substantiated, some are not.

OK, so from what we know: She fell. Somewhere, some when.
She claims it was getting off a horse at the carousel.
It also looks as though Disney swapped out the step/stirrup.

The "lawyer" here has his work cut out for him if she didn't report the slip and fall. He also has to prove that the fall caused her brain injury. (yes, even a 4 foot fall can cause a concussion, although it doesn't happen often)

Putting this lady aside as I hate lawsuits, my question is: Does the new stirrup function better and cause less problems for guests, or are they seeing an increase of folk slipping on them? If it's the latter, Disney had better work on fixing it before there are copy cats.

We all fall. It's embarrassing, it can be painful, but lawsuits should be reserved for "They hung a 1 ton safe from the ceiling and it dropped on my head" situations, not slip and falls.