Originally posted by SKYWAY 4 ME
Merlin, According to the attourneys at law its called " AN ACT OF NATURE " If something fell from the sky and hit anyone , you , me mickey ........you could be sued!!!!!!! Im saying in laymen terms for you.......to understand . Disney cant be resposible for everyones actions in the park whether someone spits on someone, throws something or even drops something. I would say that in a world where thousand visit there is no way to control peoples action in the park. Let us know when you trip over a piece of gum ,diaper or french fry in the park and fall . I want to follow the lawsuit especially since everyday disney scrapes up 200lbs of it. Oh your testimony will be "disney knew it was happening daily ", but did nothing about it right !!!J
Well, I'm no attorney (and judging from your posts, I'm confident that nor are you), but I thought "AN ACT OF NATURE" was the opposite of what you're claiming it to be. If someone makes the case that an incident is "AN ACT OF NATURE", doesn't that mean that NO ONE is responsible (and consequently can't be found liable)? I could be wrong. Again, I'm no attorney. I'm just stating what seems like common sense to me.
Still, I appreciate you "saying in laymen terms" so I'll understand (If you could also work on your spelling and grammar, that will make it even EASIER for me to understand).
To address your argument, though (and more importantly, to get back to the subject at hand)....You are correct that Disney is not responsible for the conduct of every guest in their parks. Disney is responsible, however, for what occurs as a result of that conduct (particularly if it poses a safety risk to other guests). If I were to "trip over a piece of gum" at a Disney park, then I can't imagine I would sue. However, I do know enough about the law to know that I COULD sue (Whether or not I would actually WIN is a different thing). But if I (or a family member) were hit in the head on a Disney attraction, by an object dropped by a guest, and it caused serious injury, AND I discovered that this had occured before, AND it could be established that Disney was AWARE it had happened before, AND they did nothing to prevent, AND there had been specific suggestions on HOW they could have prevented it....then you betcha! I would go after them with an arsenal of attorneys.
I know that frivolous lawsuits are brought against big companies like Disney way too often, and that happens because plaintiffs are motivated by greed. I don't think anyone on this thread is saying otherwise. But that is not the case here. This is clearly not a frivolous lawsuit. The guy was injured, it dramatically has affected his life in a negative way, and Disney is responsible in this case.