Family suing Disney

[rayelias]

You know, M:S is still exponentially safer then driving in your car.

http://www.disboards.com/showthread.php?t=1131348

All you people who say, "I'd never ride that - someone died on that" - do you even think that before you get in your car? You should.

The 2 people that died AFTER riding M:S (not during) both had a pre-existing condition. Even if they didn't, millions of people ride that every year. In the 3 or 4 years it's been open, 2 people died. So 2 people out of say 6,000,000.

The odds that you will die in a car accident are 1 in 82.

Let's keep it in perspective people. It's a shame that a child died. But, let's not start making irrational statements or irrational decisions because of it.

 

[Charade]

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.

I agree!

 

[cardaway]

I agree!

Oh get up, it's happened before.

 

[Geoff_M]

Here's a couple thoughts on the issue:
1) It's possible that the family is "under the influence" of a lawyer who may have convinced them that the case is win-able. A lawyer may be driving this more than the parents.

2) Don't assume that Disney carries liability insurance. Many mega-corporations are "self-insured", meaning they don't carry insurance due to their size and available financial resources. Several multi-million dollar payouts a year wouldn't even be a blip on Disney Co.'s financial radar.

3) Unless we have a copy of the suit, it's hard to say if the "insufficient warning" charge is the central point of the case. IIRC, there was also some conflicting reports about how fast CM's responded and alerted the medical response unit. Perhaps part of their claim is that a delay in response might have affected the outcome of the incident. It might be totally immaterial, but doesn't stop a plantiff's lawyer from making the charge. I sat on a medical malpractice jury in May, and we had this situation take place... the lawyer tried to claim that his client's disability was the result of the medical care he received instead of the accidental injury itself (we found for the Doc).

4) If the case centers around the warnings, I think it'll go nowhere fast. Anyone that's been on the attraction knows that you're bombarded with warning all throughout the line.

 

[Charade]

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.

.

Honestly yes, a normal adult should be able to comprehend the risks associated with Mission:Space especially when they are plastered all over the place both in written and in audio. However, if you don't know you have any of the conditions listed in the warnings, and you have a reaction from the ride, how is that Disney's (or anybody elses) fault?

 

[Charade]

Oh get up, it's happened before.

So does a blue moon!

 

[beattyfamily]

I agree!

I know I'm shocked too because I agree as well!!

 

[mrsltg]

Well, I have lost a child so I am completely comfortable calling BS on this. Yes, you are angry and hateful and resentful of happy families everywhere. It doesn't mean someone owes you money. I would have a lot more respect for the family if instead of suing they contacted Disney and voiced their concerns about the condition that killed their son and how theme parks could make things better for people in similar situations. The bottom line is - their son died. He's gone forever. No amount of money, no "tomorrow" will take the pain away - believe me. You search and seach for something, anything to take the pain and nothing does. I suspect this is where these parents are now. It is sad, and I'm sorry they are part of this horrific club. However, they don't have the right to essentially steal.

I hope Disney stands up to them. I suspect they will. Settling a suit like this opens a lot of doors. Instead, I hope they go to court and I hope the family looses. Then, I hope the lawyer is taken out to sea...

 

[cardaway]

I know I'm shocked too because I agree as well!!

Then again maybe I should re-think this.

 

[hellokitty86]

I don't know how anyone could say they don't give sufficient warning before Mission Space! Like most of you, I was in line for this ride when it first opened and I nor my parents had been on it. I didn't really want to go on it in the first place, but my Dad was kind of forcing me. The whole queue all I kept hearing were those warnings, that they repeated over and over!! I just kept feeling panicky because I didn't want to ride and got major anxiety. Finally, when we were getting ready to board and there was ANOTHER warning, I just decided to take the chicken exit. Ofcourse my dad was upset but who cares, I didn't want to feel sick all day after! My mom rode it and really regreted it, because she has the same motion sickness problems I do.

I really don't know how someone can say they don't give enough warning with a straight and serious face. That seems ludicrous to me. I would understand if they wanted to raise the height requirements, but like someone else said, parents ALWAYS have their child wear platform shoes, etc. to get past this. And if they don't raise the height requirements, there are still some health issues you have to consider before you ride.

It was just a horrible accident that confirmed my feeling that I should never ride this ride. Suing Disney is not the solution for this. I personally feel better that Disney now offers a tamer version of this, maybe one day I will work up the courage to ride it- but I doubt it!

 

[poohandwendy]

Originally Posted by Wishing on a star
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.

No, a 4 year old cannot be reasonably expected to understand the issues involved and if he had been allowed to just walk on alone, that would be a good point. However, an adult guardian made that call for him. Yes, a normal adult should be expected to understand warnings such as the ones preceding MS. If there is any question at all, the warnings are sufficient to let you know this is not the ride for you.

If they are suing with another angle than 'not enough warnings', as Geoff presents as a possibility, then I would say they may be justified. But there are more pre-warnings on that ride than any I have ever been on. By the time I got near the beginning of the ride, I told my DH "Do they even want people to ride this?" It was enough for my 14 yo son to back out. (just the motion sickness part alone)

I mean sheesh, they even place alot of emphasis on how to exit if you decide to opt out.

Lack of sufficient warnings is not a good angle for a lawsuit, IMHO.

 

[fabumouse]

Part of the way the Tort (personal injury) system works is to rely on people who feel they have been wronged to bring a lawsuit. I agree with the poster who said that we don't know the basis of the lawsuit, so speculating that it's due to the signs (which is unlikely) just increases everyone's outrage.

Part of Disney's business model factors in these types of lawsuits. They are probably sued hundreds a times a year that we never hear about because nobody died or were seriously injured - some lawsuits that we would think are totally baseless yes, but SOME that make your experience at Disney safer. And we'll never know the details of those suits.

Anybody can sue anybody else for anything. We could design a stationary park bench and someone is going to sue because they fell off of it. But since we DO want companies to make a risk assessment when designing and implementing something as complicated as a theme park, then we DO want people out there who are willing to sue if they are injured.

A friend of mine almost died recently from a ruptured ectopic pregnancy because the hospital didn't give her a pregnancy test even *after* she told them she thought she was pregnant. She had all the signs, she was admitted, and she ruptured overnight, because the doctor thought she was too old to be pregnant. She didn't sue, and I wish that she had, because the next time a person comes with the same symptoms - how likely will it be that they will give the woman a pregancy test? My friend is a litigation attorney, but she doesn't believe in suing doctors. I am grateful that some people DO, because otherwise certain practices will never change.

Going through even the beginnings of a lawsuit is usually a nightmare. The information-gathering process that occurs before something like this is settled out of court is very intrusive. These parents likely had to turn over all the medical records of their child, possible other family members, are going to go through depositions where they are essentially accused of being negligent and greedy parents, etc.

I'm not saying that anything about their lawsuit is morally right - I don't know any details about it. I'm just saying that our system relies on people bringing lawsuits when they feel they've been damaged or wronged and although we can be harmed by that fact (e.g., higher costs of tickets) we also benefit.

 

[Towncrier]

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.

I agree 100%. There's no way that I would know how I would react to their situation. Such a tragedy that might have been avoided had they heeded the posted warnings. The bigger tragedy is that many Americans seems to think that we have absolutely zero responsibilty for things that go wrong in our lives and that we not only have a right but a civic duty to sue those parties whom we feel have injured us. The Disney company has provided a milder version of Mission Space as a service to the public, but in doing so, they have admitted that the original ride might have been a bit severe and therefore may end up paying in the courts for their decision. And that too is a shame.

 

[cardaway]

The Disney company has provided a milder version of Mission Space as a service to the public, but in doing so, they have admitted that the original ride might have been a bit severe and therefore may end up paying in the courts for their decision. And that too is a shame.

Based on what I have read, milder is not the correct term. It's not even the same, it's basically the version you would get if the ride was to break down.

IMO the whole situation points towards Disney making a mistake in creating a ride doesn't make it obvious from the outside that it's a dangerous major thrill ride. Even ToT has the doors near the top that open showing you the people and letting you hear the screams. It's like if PoTC was to actually turn into a roller coaster mid way through the ride.

 

[declansdad]

IMO the whole situation points towards Disney making a mistake in creating a ride doesn't make it obvious from the outside that it's a dangerous major thrill ride. Even ToT has the doors near the top that open showing you the people and letting you hear the screams. It's like if PoTC was to actually turn into a roller coaster mid way through the ride.

With all the written and verbal warnings how could a person not come to the conclusion that this ride is not a high tech version of Dumbo????

Come on, those warnings are there for a reason.

 

[poohandwendy]

A friend of mine almost died recently from a ruptured ectopic pregnancy because the hospital didn't give her a pregnancy test even *after* she told them she thought she was pregnant. She had all the signs, she was admitted, and she ruptured overnight, because the doctor thought she was too old to be pregnant. She didn't sue, and I wish that she had, because the next time a person comes with the same symptoms - how likely will it be that they will give the woman a pregancy test? My friend is a litigation attorney, but she doesn't believe in suing doctors. I am grateful that some people DO, because otherwise certain practices will never change.

Going through even the beginnings of a lawsuit is usually a nightmare. The information-gathering process that occurs before something like this is settled out of court is very intrusive. These parents likely had to turn over all the medical records of their child, possible other family members, are going to go through depositions where they are essentially accused of being negligent and greedy parents, etc.

I would really agree with you if the plaintiffs in these types of lawsuits were bring suit to require change of practices instead of financial compensation.

I have no doubt that the very first thing Disney did was look into their own practices and what (if anything) could be changed to make the ride safer. There have been changes made to the ride without any need for a lawsuit.

Also, with the doctor you mentioned...I have no doubt that situation will make him more cautious in the future. That all happens naturally, without litigation.

Now if someone finds that a company ignores what happened and does not make changes, then I can see the point of a lawsuit. That is not the case with the MS situation. They have made public the lengths they are going to to try to make the ride a good experience for their guests.

 

[Wishing on a star]

I agree 100%. There's no way that I would know how I would react to their situation. Such a tragedy that might have been avoided had they heeded the posted warnings. The bigger tragedy is that many Americans seems to think that we have absolutely zero responsibilty for things that go wrong in our lives and that we not only have a right but a civic duty to sue those parties whom we feel have injured us. The Disney company has provided a milder version of Mission Space as a service to the public, but in doing so, they have admitted that the original ride might have been a bit severe and therefore may end up paying in the courts for their decision. And that too is a shame.

I agree with you towncrier.
Except for the very last sentence.

How can it be a 'shame' for Disney to admit that the ride may have been severe????

Should they lie????

Should they expect us to believe that they made substantial modifications 'just because'???

 

[Lisa loves Pooh]

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.

A 4yo cannot ride any ride unaccompanied.

And if you cannot read signs--then how did you earn money to pay for said ticket to enter said park. Harsh--Heck yes.

But the average person can read, especially the above average person who can afford no matter how long it took--to pay for a trip to Disney World.

Disney should not be held responsible for undiagnosed medical conditions. If so--then they have a number of rides at Disney World to close, perhaps even all of them.

 

[cardaway]

With all the written and verbal warnings how could a person not come to the conclusion that this ride is not a high tech version of Dumbo????

Come on, those warnings are there for a reason.

Let me start by saying I agree that the warnings SHOULD be enough.

I was just trying to explain that IMO there is no way to compare a ride where you can see the movement and people experiencing it (like roller coaster) to M:S. Even Space Mountain and RnRC (where you don't see the turns and inversions) have coaster cars where it's more obvious what you're getting into. With M:S you're basically getting into a closet with buttons and the people who knew nothing about the ride before their trip cannot be COMPLETELY blamed IMO for not knowing EXACTLY what they are getting themselves into.

Every time I have went on this attrtaction I have ended up explaining to others what it does. One family backed out, the rest have went forward. With the ones who went forward we have seen nothing but smiles.

I have researched everything about the ride and know exactly how it works. Most people just show up and have no clue to how the ride works and what it does. It's part of the fun for them.

 

[majestique]

While Disney may have modified M:S due to the 2 deaths, they came out and said that the ride is safe as designed,however many people have not been able to ride it because of illness concerns. So the modified ride will allow more people to enjoy the entire M:S experience. More riders = more happy customers. The timing may have been a coincedence.