Family suing Disney

[Princess4Eeyore]

Honestly, I dont think any of us should judge this family - we do not know why they are doing this and what they are going through. My sister died just after her sixth birthday ... I wish my parents would have sued the hospital but they never did - not for the money but for the rights of a human life - different to this situation (hospitals fault). But my parents did not want to go through more heart ache - it was their choice. I just think we need to be less judgemental - we dont really know what the parents are feeling?!

 

[Charade]

They were from Pennsylvania

They live in the town that I used to live in. About 10 miles from where I live now.

It is sad but this will still cost Disney money to have the case tossed out or to settle out of court. While I'm saddened that they lost their child, and it appears at this point Disney isn't at fault, I think it's wrong for the parents to sue. But that's their choice. A court/jury will decide if their case has merit.

 

[TLinden16]

I'm really so sorry for this family, really. But, will sueing Disney make their grief better? Will it bring their beloved son back? Will it make Disney 'correct' the malfunction that caused the boy's death? Of course not...especially not the 'malfunction'...Disney is not at fault here. If this poor child has gotten overexcited walking down the street, or running around in someone's backyard, and then consequently died, would the family be suing?? I doubt it. But, because Disney does have 'deep pockets' they do. Yes, perhaps they are starting a scholarship fund with any monies received...I don't know, nor do I particularly care. Disney was not at fault, M:S was not at fault, no one was at fault!! It was a tragic accident, nothing more. Sure, the poor child's heart couldn't take the attraction but that's not anyone's fault. I guess you could say it was the parents' fault since they allowed their ds to ride it despite all the warnings. I know, I know...they didn't realize there was an issue with their ds. I just wish people weren't so quick to place blame and want to be compensated monetarily for these tragic accidents.
Now, quite possibly there is a legal ramification to the suit...any legal beagles out there that might have any insight?

Ditto what Diane said.

 

[Maleficent13]

The only reason I might sue someone after the death of a family member would be to prevent that person/entity from doing harm to someone else. If this family feels strongly enough that M:S is a danger to other people, then they have to do what they feel is right to prevent it. We don't necessarily know it's all about money.

Having said that, if they do get any $ out of the situation, it would be really classy of them to donate it to an appropriate charity of their choosing.

 

[Laurajean1014]

No matter what happens, the loss of a child is devasting. Money nor revenge will bring happiness to their suffering.

 

[plutolovr]

For a lot of people, it's not about the money they're receiving, but about punishing whoever they're blaming.

How about suing their son's doctor who never diagnosed this possibly lethal abnormality? My daughter was born with a hole in her heart and was caught the day I took her home from the hospital. She's okay now, but I was grateful to the nurse who noticed the murmur during her normal checkup that morning. If their doctor was doing regular checkups shouldn't this have been caught?

And to whoever said I was cold, you don't know me. I have children, my daughter was seriously injured by a defective product when she was 4, I didn't sue. It happens. And just as you say I don't know what that family is feeling, you don't know me either.

 

[NAB]

Wouldn't Disney have some kind of insurance if someone got hurt on a ride. Wouldn't it apply to dying on a ride. Car insurance pays if someone dies in the car , accident or not. It is suppose to help with the funeral etc.

I feel for the family. We are not in their shoes.

 

[Marseeya]

How about suing their son's doctor who never diagnosed this possibly lethal abnormality? My daughter was born with a hole in her heart and was caught the day I took her home from the hospital. She's okay now, but I was grateful to the nurse who noticed the murmur during her normal checkup that morning. If their doctor was doing regular checkups shouldn't this have been caught?

And to whoever said I was cold, you don't know me. I have children, my daughter was seriously injured by a defective product when she was 4, I didn't sue. It happens. And just as you say I don't know what that family is feeling, you don't know me either.

I'd just prefer not to judge. What's so wrong with that?

 

[tiggersmom2]

I can't believe I'm hearing the it's ok Disney has deep pockets! That is entirely what is wrong with the courts today. If Disney was not wrong and they weren't (IMO) they should not pay it only hurts all of us in incrreases prices and new restrictions. I hate big businesses that settle out of court unfortunately with the crazy settlements juries are awarding they feel they must.

I agree! I feel badly for the family but their anger is misplaced.

 

[JESW]

Just as an aside...the family believes that the height requirement should be raised for the ride. How many times have we seen on these boards people trying to get their kids "taller" so they can make the height requirement?? Disney can't win in some cases as there will always be people who want to get around the rules.

I am an adult and the warnings posted just about everywhere at M:S were enough to keep me off.

Jill

 

[declansdad]

Wouldn't Disney have some kind of insurance if someone got hurt on a ride. Wouldn't it apply to dying on a ride. Car insurance pays if someone dies in the car , accident or not. It is suppose to help with the funeral etc.

I feel for the family. We are not in their shoes.

If it was Disney's fault, their insurance should pay. This was not their fault so they shouldn't be forced to pay anything. Forcing them to pay will only force Disney to increase their prices and insurance companies to raise their rates for everyone.

I also feel for the family but sueing Disney is not the answer for their grief. Somewhere a lawyer is trying to get rich.

 

[NeverlandClub23]

I can't imagine what it would be like to lose a child. But I also know that just because you're "angry" or "irrational" doesn't make it ok to go after someone who wasn't at fault. So what Disney has deep pockets? They're a business that has worked very hard to earn those deep pockets and just because an accident happens that they're not at fault for doesn't mean they should just have to pay out because of the loss of a family member during an accident. If I owned my own lucrative business and worked very hard for it and a neighborhood kid was running around in my yard and had a heart attack should I be sued because I have deep pockets and that would help lessen the parents' anger?

Insurance companies do help pay costs. But when they start having to pay costs they charge more for premiums. When Disney has to pay more to keep their insurance they raise prices which affects everyone who goes to Disney.

But then again, I'm not a naturally warm or sympathetic person so I look at all of this from a realistic, non-emotional perspective. My sympathetic Dbf would have a completely different opinion, I'm sure.

 

[jgmklmhem]

This type of situation is why I wish we had a looser pays system in place (even if it is just a fraction of the court fees). Then people might be a little more reasonable even in their moment of grief and anger. Right now this family after having already lost their child really has nothing to lose by suing so I am sure some lawyer has convinced them to go forward. If the looser had to pay even a fraction of the opposing parties court fees they might be thinking longer and harder about suing.

 

[Nancy]

I can't imagine what it would be like to lose a child. But I also know that just because you're "angry" or "irrational" doesn't make it ok to go after someone who wasn't at fault. So what Disney has deep pockets? They're a business that has worked very hard to earn those deep pockets and just because an accident happens that they're not at fault for doesn't mean they should just have to pay out because of the loss of a family member during an accident. If I owned my own lucrative business and worked very hard for it and a neighborhood kid was running around in my yard and had a heart attack should I be sued because I have deep pockets and that would help lessen the parents' anger?

Insurance companies do help pay costs. But when they start having to pay costs they charge more for premiums. When Disney has to pay more to keep their insurance they raise prices which affects everyone who goes to Disney.

But then again, I'm not a naturally warm or sympathetic person so I look at all of this from a realistic, non-emotional perspective. My sympathetic Dbf would have a completely different opinion, I'm sure.

I agree 100% with you. But I am a warm, sympathetic person, I have kids....but I would never sue...and yes I can say NEVER because I think lawsuits like this are frivilous and do absolutely nothing to ease grief or heartache. Tons of money will not bring that child back, it will not ease the pain of losing that child.

 

[Nancyg56]

I refuse to judge someone who's lost a child. I might not rationally agree with their decision, but I have no idea how I'd react in a situation like that.

ITA! I hope that I am never in a situation to see how I would react.

 

[Buckalew11]

I think if the ride or the ride operator was at fault somehow then go ahead and so. But this child had a pre-exhisting condition, which was unfortunate. It wasn't Disney's fault. That is what makes the difference to me. Yes, I feel sad for them, very sad. But to sue, no, I think that is very wrong.

 

[cardaway]

It's a sad day if this ever sees a court room. This country needs some kind of system that makes the person bringing the suit pay if they get thrown out. Only then will people think twice (including the lawyers) before starting crap like this.

 

[Wishing on a star]

I have some slightly different comments than the sue-vs-not argument.

How many people on here have said how they chickened out!!! Disney is perceived to be a happy, safe, family-friendly theme park. Should they really have designed a ride that is such that they actually are BEGGING their guests to think long and hard before they get on???? This ride carries risks that are not always understood. Everybody knows that a roller-coaster can jar a bad back... a pregnant woman, etc... These things are very obvious.

Also, rides like large roller-coasters have height requirements, safety harnesses, etc... There can be no protection offered for the issues that a ride of this kind poses.

Honestly, can a little four year old, or even the average person on the street, reasonably be expected to understand all of the issues involved, and to know if they may or may not be a person who is at risk???? I am not so sure.

I know that this is a Disney Board, and everyone here will defend Disney to the death. But, in this case, for me, the jury is still out.

 

[beattyfamily]

Oh, this is unfortunate, but not surprising news.

This country is so sue-happy it's rediculous.

I know I wouldn't sue for an accident either. It goes against everything I believe in. Money will not make me feel better or bring back my child; for me it would be blood money.

Disney has warnings all over that ride and they also annouce the warnings. He had a heart defect that the parents nor the doctor knew about. It is not Disney's fault at all.

I'm just so bummed by this news.

 

[cardaway]

I have some slightly different comments than the sue-vs-not argument.

How many people on here have said how they chickened out!!! Disney is perceived to be a happy, safe, family-friendly theme park. Should they really have designed a ride that is such that they actually are BEGGING their guests to think long and hard before they get on???? This ride carries risks that are not always understood. Everybody knows that a roller-coaster can jar a bad back... a pregnant woman, etc... These things are very obvious.

Also, rides like large roller-coasters have height requirements, safety harnesses, etc... There can be no protection offered for the issues that a ride of this kind poses.

Honestly, can a little four year old, or even the average person on the street, reasonably be expected to understand all of the issues involved, and to know if they may or may not be a person who is at risk???? I am not so sure.

I know that this is a Disney Board, and everyone here will defend Disney to the death. But, in this case, for me, the jury is still out.

Actually I agree with you, but Disney will never change things because actually seeing the ride in action ruins the theming in some cases. Personally I think all rides should have a way to let people see the ride in action. The best M:S does is a wireframe model in the pre-ride video. People may not take it seriously.

But that doesn't change the fact that Disney did everything required of them. The goal should be changing the laws nto trying to get millions out of Disney.