Prince Charming Carousel Lawsuit

Master Yoda

Pro Star Wars geek.
Premium Member
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.

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.”


I am no journalist, but that sounds like details to me.
 

PhotoDave219

Well-Known Member
I am sure she "felt" pretty bad considering that she is claiming a brain injury.;)

Felt... Fell… Fett... Whichever…

I'd really like to verify whether or not Disney has in fact changed the stirrups on the carousel… I also found it interesting that was in the complaint with out any verification whatsoever.

I'm gonna feel bad for the lady if she ended up with another concussion. God knows I've had plenty. The subsequent ones always seem to come easier than the initial hit. But I hardly see Disney is negligent here.
 

Master Yoda

Pro Star Wars geek.
Premium Member
Felt... Fell… Fett... Whichever…

I'd really like to verify whether or not Disney has in fact changed the stirrups on the carousel… I also found it interesting that was in the complaint with out any verification whatsoever.

I'm gonna feel bad for the lady if she ended up with another concussion. God knows I've had plenty. The subsequent ones always seem to come easier than the initial hit. But I hardly see Disney is negligent here.
So it is like pretty much every other lawsuit of this type. Full of unverified conditions and sparse on facts with the hope that Disney will just write a check.
 

note2001

Well-Known Member
My favorite lawsuit I saw today… File to Brevard… Guy who hit a pothole and is suing the owner of the parking lot and shopping plaza.

That one might be valid. I once hit a giant pot hole (filled with water) on a highway that bent my rim and messed up the joint for the tire. There were other cars pulled to the side someways after the pothole, and I didn't make a connection between going through a puddle and everyone with car issues. #facepalm. No, I didn't sue - but apparently many of those folk did, and won.
 

Master Yoda

Pro Star Wars geek.
Premium Member
My favorite lawsuit I saw today… File to Brevard… Guy who hit a pothole and is suing the owner of the parking lot and shopping plaza.

That one might be valid. I once hit a giant pot hole (filled with water) on a highway that bent my rim and messed up the joint for the tire. There were other cars pulled to the side someways after the pothole, and I didn't make a connection between going through a puddle and everyone with car issues. #facepalm. No, I didn't sue - but apparently many of those folk did, and won.

To clue on the validity of this info, but I have heard from multiple people that is is common practice for the city or state to pay "damage to vehicle due to road condition" claims without batting an eye especially if it occurs in a construction site.
 

Gabe1

Ivory Tower Squabble EST 2011. WINDMILL SURVIVOR
Here is where life gets interesting, A 'slip resistant' surface can catch and drag whereas a smooth surface will just release.

Seriously? I have been riding for over 40 years. This isn't a Mary Poppins attraction where the horses leave the base and goes for a ride around the park. I'm hard pressed to even follow that logic if we are discussing the real horses and real stirrups at Fort Wilderness.

How does the slip resistant material on a faux stirrup catch and drag, please elaborate? So many questions about catch and drag statement. This is not a real horse and we must remember these are not real stirrups, where is he dragging you to? Just like on the step going into the Pirate Boat or Small World it is a slip resistant material verses a smooth, slicker surface that might encourage slip and fall. Think Haunted Mansion. Do you want a rubber grippy material to load and unload or a smooth slick surface? Me, Cinderella stirrup had the safest style of stirrup. Between the non slide pad and the larger square inch stirrup it. The Prince versions at first blush I can see where someone balancing on one leg, holding a pole while swinging a leg over the horse could loose their footing on a smooth surface without being a clumsy individual.

Old, similar to diving board and water slide step grip material.

wohkg51374953230.jpg

Credit Disney Ways

Here you can see the new stirrups have 2 different versions of step, one with a pad and one with a shiny flat surface.


tumblr_mz9zdguaI41rx1vqno1_1280.jpg

credit mark warber
Carousel%2016.jpg

credit j spence
 

note2001

Well-Known Member
The old and the new stirrups look like the same exact hardware to me, just repainted.

Edit: on closer look it does seem the foot pad area itself is larger now. really, not too much we can tell without being there to touch them in person. I still stand by my statement that lawsuits like this are on the silly side. It's not like Disney put it out there intending to harm anyone. Seems the intention was the opposite: a larger foot pad would mean better maneuverability to get on/off.

I bet she was wearing crocs. ;)
 
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ford91exploder

Resident Curmudgeon
Seriously? I have been riding for over 40 years. This isn't a Mary Poppins attraction where the horses leave the base and goes for a ride around the park. I'm hard pressed to even follow that logic if we are discussing the real horses and real stirrups at Fort Wilderness.

How does the slip resistant material on a faux stirrup catch and drag, please elaborate? So many questions about catch and drag statement. This is not a real horse and we must remember these are not real stirrups, where is he dragging you to? Just like on the step going into the Pirate Boat or Small World it is a slip resistant material verses a smooth, slicker surface that might encourage slip and fall. Think Haunted Mansion. Do you want a rubber grippy material to load and unload or a smooth slick surface? Me, Cinderella stirrup had the safest style of stirrup. Between the non slide pad and the larger square inch stirrup it. The Prince versions at first blush I can see where someone balancing on one leg, holding a pole while swinging a leg over the horse could loose their footing on a smooth surface without being a clumsy individual.

Old, similar to diving board and water slide step grip material.

wohkg51374953230.jpg

Credit Disney Ways

Here you can see the new stirrups have 2 different versions of step, one with a pad and one with a shiny flat surface.


tumblr_mz9zdguaI41rx1vqno1_1280.jpg

credit mark warber
Carousel%2016.jpg

credit j spence

It's easy -

Sole Of shoe at angle upper catches on top of stirrup, Sole is held in by friction material bingo foot locked in and you can't break it free without outside assistance and if ride starts you WILL be dragged.

It's WHY stirrups on real saddles are smooth so the riders boot can slip out if rider falls, English tack frequently has a embossed smooth diamond shape to shed mud but the points of the diamond are rounded so the boot does not catch on stirrup.
Stirrups-Western-Oversized-Wide-Tread.gif


Some stirrups DO have friction materials but these are generally intended for barrel racing and roping where there is assistance immediately available and holding the rider's position outweighs the risk of a fall and drag event.
258510.jpg

On the side view you can see the diamonds used for removing mud from boots
 
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NelsonRD

Well-Known Member
Because it has the name "Disney" on it.

For example, if the news can include Disney in a shooting/stabbing/accident story even if it was nearby, they do. "Right near Disney!!!!"

Right, but exactly the point. Incidents occur everyday at Disney. Is it because this happened on a carousel, something we view as safe and not a threat? Is it because somebody felt like bashing Disney that moment? Was she somebody of influence?

Either way, the news is guilty party here. More so that then complainant or lawyers. If the case has substance, it may be newsworthy, but that is not case here. This culture of misleading reporting, mostly by main stream media needs to become criminal.
 

note2001

Well-Known Member
Right, but exactly the point. Incidents occur everyday at Disney. Is it because this happened on a carousel, something we view as safe and not a threat? Is it because somebody felt like bashing Disney that moment? Was she somebody of influence?

Either way, the news is guilty party here. More so that then complainant or lawyers. If the case has substance, it may be newsworthy, but that is not case here. This culture of misleading reporting, mostly by main stream media needs to become criminal.

Not disagreeing with you, but to limit what they can write is messing with constitutional rights. And if they are reporting only the facts, what have they done wrong?

I think a mandatory cool down period and 1:1 chat with a therapist should be mandated before anyone is allowed to contact a lawsuit happy lawyer.
 

Gabe1

Ivory Tower Squabble EST 2011. WINDMILL SURVIVOR
Chicago has legal recourse for individuals that have damages to their vehicles because of potholes. It is painfully slow but eventually they pay.

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.

These type of attorneys are also discriminating too about which cases they will move forward to court. They will not waste their time if they know the odds are they will loose and receive nothing themselves.


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.
'

I don't believe that is correct. My cousin cracked his spine in pool accident. He recovered. Several years later he was in a rear end car accident and the neck re-cracked leaving him paralized for the rest of his life neck down.
He won the court case even though there was a pre-existing condition. The big IF here to me in this case is if indeed Disney changed from a slip resistant pad to a non slip resistant pad, lessening the safety measures they once had in place there by removing added precautions. This is not as simple as slipping on a wet sidewalk.
Disney even initially denied responsibility in the Monorail accident correct? So it isn't an unusual procedure for Disney to spout safety standards initially or any other defendant, I would not expect Disney to say ooops our bad.
 

NelsonRD

Well-Known Member
Not disagreeing with you, but to limit what they can write is messing with constitutional rights. And if they are reporting only the facts, what have they done wrong?

I think a mandatory cool down period and 1:1 chat with a therapist should be mandated before anyone is allowed to contact a lawsuit happy lawyer.

Is an accusation a fact? Are subjective reviews and accounts of events facts? The media does this every day with a knee jerk response to something that happened, but as the facts do start to come out, the story loses ground because it is harder to tell the 'poor me' side of the story.

Same thing here. If Disney is found at fault after court, then maybe it is worthy of reporting.

I am not talking about restricting free speech, but I am suggesting that this style of reporting is the same as shouting fire in a crowded movie theater.
 

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