Family Of Boy Who Died On Disney Ride Files Lawsuit About This Page:

[doombuggy]

http://cbs3.com/pennsylvaniawire/PA-...rces_news_html

It is a shame that this had to happen, but I agree with Joy J (and the rest of you) that WDW is not responsible. When this happened, I couldn't beleive that a 4 YO made it on to that ride! Would I let my child on it at that age? No way. I am not a parent (not of a human child, just a 8 MO kitty [img]/ubb/images/graemlins/grin.gif[/img] ), but that is my opinion if I was one.

As far as the comment about cast giving CPR: I'll bet that the ride operators are not allowed to do this, even if they know how. The medica need to be called for that stuff - again, to prevent a lawsuit. I work in DTD and when I was deployed to Mickey's Pantry one night to help out, I was told that I could not sell any of the wine, since I was not trained to do so.

[DopeyGirl]

[ QUOTE ]
"The boy's family said Disney didn't properly warn the public of the ride's hazards, should not have allowed such a small boy onto the ride, and should have done more to help the boy after he fell unconscious."

OMG- How could you NOT see all the warning signs that Disney has in the ride line?

And as far as allowing such a small boy on the ride- Ummmm, isn't that your decision as a parent?

Should have done more after he fell unconscious- What more could they have done exactly- they assisted her, called paramedics, etc. I don't get their line of thinking?!?

I really feel badly for the loss these parents have suffered but will suing Disney really make them feel better?

[/ QUOTE ]

My thoughts EXACTLY!!!!

I do feel badly for the the family, but honestly, don't blame Disney because of a decision YOU made. And honestly, how could they NOT have noticed the plethora of warning signs along the way?

I don't want to soundnegative or anything, but aside from the CM's carrying the kid on their backs to the hospital themselves, I don't think there is much else they could have done for him other than what they were trained to do (CPR, call the medics, etc.).

I wouldn't let Emilie ride M:S even if she was big enough, and she is 5 . . . heck, I won't ride it and I am almost 30!!! [img]/ubb/images/graemlins/tongue.gif[/img]

[Caldercup]

[ QUOTE ]
As far as the comment about cast giving CPR: I'll bet that the ride operators are not allowed to do this, even if they know how. The medica need to be called for that stuff - again, to prevent a lawsuit.

[/ QUOTE ]

I'm trying to remember the stuff I read -- I think it was more the fact that, while on the phone with 911, they were asked if the child was breathing. There was a pause and then they said "no." There's some question as to how long the delay in reporting that was.

So, perhaps they weren't supposed to give CPR, but it's possible that, had they noticed the child not breathing, medical care would have started a tad sooner.

Again, I don't think this is Disney's fault. I'm just trying to remember that piece of info in order to discuss the third count of the lawsuit.

Eileen

[bradk]

what might be neglected here is the underlying subtext.

(1) the lawyer probably doesn't expect to see this go to court, most of the time they're looking to settle which is a norm since going to court is much more expensive and there's always a chance you'll lose, not to mention it becomes a matter of public record and the publicity is worse than just the treat of the lawsuit to begin with.

(2) they may have had a long grieving process, but the timing of this case seems very conspicuous given the other recent 'related' death surrounding m:s, enhanced by the fact that disney offers the 'lite' version now which will no doubt fuel the argument that there's some guilt on disney's part.

it'll be interesting to see the outcome. typically disney only settles if they feel they were in the wrong, which is seldom the case. disney is definitely not a court-fearing beast, particularly since it's such a fundamental element to the local economy. i'm not sure about orlando, but it's next to impossible to win a case against disneyland in anaheim.

this is hands-down an opportunistic lawsuit, frivolous at best.

[WillCAD]

I have always hated seeing the ambulance-chasers get rich by milking other peoples grief and tragedy, somehow convincing them that money will take the place of lost health, or a lost loved one.

Strong as Disney's position is in this case, I expect to see the case either thrown out quickly or settled quietly. Disney just doesn't need or want publicity like this.

[bradk]

i don't think settlement is an option to be honest, unless disney wants to accept blame, which i don't think they're obligated to do in this case.

the problem with settling is it may incite another lawsuit from the family of the woman who also suffered an apparently related death.

[Joanne929]

What a sad situation for this family. I agree with what all of you have said - the PARENT made the decision to LET the child go on the ride - he obviously met the height requirements or he wouldn't have been allowed to ride.
Sadly, he died due to an undiagnosed heart condition aggravated by the ride but I don't see how that is Disney's fault. I think a lawyer looking to make some money, or a name for him/herself is ultimately behind this.

A "win" for this family does not bring their child back. I wish them well.

[Caldercup]

I agree with Brad -- Disney doesn't settle. They have a mighty team of lawyers and being embroiled in lawsuits is modus operandi for them.

They certainly don't want to convey the idea that they were wrong, which is what is inferred by the general public when a company settles. They want to be seen as being right and they will spend more money than you can imagine to defend their image of being right.

I'm very sure that the first two counts will be thrown out -- there are warnings and the child (although young) met the height requirements for the restraint. The only issue I can see having any conceivable merit is the third one -- and even that needs a lot more evidence before I'd buy it enough to see a lawsuit come from it.
Eileen

[LisaJ]

I've stated before, life on the planet can be dangerous, and trigger any number of problems, both known and unknown.

*****

The article stated:

"An autopsy determined the Pennsylvania youngster died of an irregular heartbeat linked to an abnormal thickening of the heart muscle."

*****

That was the cause of death - not neglect, not Disney, not the parents, not anyone or anything. This child had a serious medical problem, that was no one's "fault".

Period.

[lynbarsim]

I feel sorry for the boy's family too. But I wouldn't have let my 4 yr old on the ride. You really just need a little common sense. And like how many signs does Disney have posted?! [img]/ubb/images/graemlins/foreheadslap.gif[/img] [img]/ubb/images/graemlins/fairy2.gif[/img] [img]/ubb/images/graemlins/fairy2.gif[/img]

[DogLady]

I would never put a 4 yr old on Mission space!
Even if this doesn't make it to court, it may get settled out of court for a large sum of money that will never be disclosed to the public.
i really wish we didn't live in such a sue happy world!

[lauren-roxy]

Sad situation all around.

[CinderAbby]

[ QUOTE ]
And like how many signs does Disney have posted?!

[/ QUOTE ]

Unfortunately, this is the problem. In today's world, half of the people will say it's the parks fault because they don't have enough warnings posted (although IMO if you can read AND understand what you're reading, Disney has always had enough). And then, if Disney posts even more signs with more stipulations, those same people that said there weren't enough will cry "Discrimination" because of even more signs saying who shouldn't ride. It's a no win situation because Disney is always going to be blamed for something - not by me, I think they do a great job with telling you upfront about things, so it's not their fault that people chose to read something and not understand what it tells you. But this is just my opinion.

[disneyfan2183]

Didn't they say that these people from from out of the country, and couldn't speak English?

[Caldercup]

No - they have lived in the US for quite a while - I believe the boy was born in the States. (They live in a suburb near us.)

Even so, Disney couldn't possibly provide signage in all languages -- I believe Disney would be indemnified of fault if it was a language barrier thing.
Eileen