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Old 03-27-2013, 08:51 AM   #1
RogerRabbit
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Frivolous lawsuit?

What do you think of this article?
Disabled man awarded $8000 after being stranded on Disneyland ride - U.S. News

I'm not sure I totally agree with the courts on this and not just because it is Disney. If I knew I had a medical condition such as high blood pressure and rode a ride that told me not to ride it, then how is it Disney's fault? I think that Disney makes a big effort to accommodate everyone on there rides. I don't see an intentional disregard to anyone's safety. They can't cover all possible scenarios, sometimes people need to take responsibility for their on actions.

I'm really confused on some of the pay outs on these lawsuits.

Any thoughts from anyone else? I'm not trying to start an argument, I just want to hear others opinion.

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Old 03-27-2013, 09:14 AM   #2
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Things go wrong everyday, some are minor like getting stuck on a ride for an hour and some are major. Not everything has to be a lawsuit, sometimes you just have to say, "this is part of life" and move on. Can you imagine if everyone sued for all of life's inconveniences. My hubby and daughter got stuck(along with everyone else) on splash mountain for almost an hour once sitting in the hot sun. There was no compensation nor did we ask for any. The courts should not allow these type of frivolous lawsuits, IMO. The reality is things can go wrong at any time and it is not Disney's (or anyone else fault) if a person has issues and can not deal with it.
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Old 03-27-2013, 09:34 AM   #3
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I don't think this law suit should have been heard.
I think the fact that all the other riders could get off and he couldn't might be the reason that the court heard the case.
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Old 03-27-2013, 09:37 AM   #4
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What do you think of this article?
Disabled man awarded $8000 after being stranded on Disneyland ride - U.S. News

If I knew I had a medical condition such as high blood pressure and rode a ride that told me not to ride it, then how is it Disney's fault?
I'm not aware of IASW having any restrictions on it. I'm confused though because it said that he was stranded because he couldn't access his wheelchair, but according to my PassPorter book as well as a park map I have, IASW is wheelchair accessible in WDW. Is is not the same at DL?
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Old 03-27-2013, 09:54 AM   #5
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Good point, Karen. They do have wheelchair boats at WDW. I don't know about Disneyland. Do you have to transfer there?

But, even if he was in a wheelchair boat like at WDW, if it was stuck somewhere inside the ride, it would be impossible for him to evacuate the boat, right?
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Old 03-27-2013, 12:17 PM   #6
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When a handicapped person is stuck on a ride for more than 10-15 minutes, I think you need to call the fire department. Also, if you have a way to get able bodied people off the ride, you should have a way to get wheelchair people off of the ride or you shouldn't let them ride it. My DMom was wheelchair bound, and if she had been stuck on that ride, I would be a basket case, too.

Personally, I think making anyone listen to "It's a Small World" over and over again for 30 minutes is enough to warrant a law suit. I think WDW got off easy.
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Old 03-27-2013, 12:22 PM   #7
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According to the article, "He has panic disorder and that was really what started everything rolling," Geffen said. "What caused the court concern, as well, because Disney was alerted about his panic problem and didn't call for the fire department right away." I could see if this was the case and not just being stuck on a ride.
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Old 03-27-2013, 12:33 PM   #8
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I have been stuck on both IASW and Winnie the Pooh and my question is when rides break down can't they shut off the music? I love Disney and IASW (and luckily I wasn't stuck for 1 1/2 hours) but after having been stuck on the rides the music drives you crazy. I got stuck with my dd when she was like 7 in the heffalump room at Disney and she wasn't happy as the creepy music and spinning things just kept going.
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Old 03-27-2013, 12:50 PM   #9
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I think the fact that all the other riders could get off and he couldn't might be the reason that the court heard the case.
I think this is the major issue. Disney paid a fine and corrected some problem relating to disability access, so it is likely that they did not have a good way to get this man out, especially if he was riding one of the special boats that accepts wheelchairs. They say they have corrected it, which is good, since I travel with a son and a husband who both have disabilities that sometimes require assistance. Like to think they have a plan!
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Old 03-27-2013, 01:04 PM   #10
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A few points to argue here:

1. The article says he was disabled and needed a w/c.
2. He had to urinate and could not.
3. He has high blood pressure and panic disorder.

As the mother of a disabled, wheelchair bound adult woman, I can tell you some things some of you may not realize:

1. People in wheelchairs have already lost a lot of independence. Being stranded somewhere, unable to leave, is terrifying.

2. If he needs a w/c, he may be paralyzed. People with paralysis can have autonomic dysreflexia. It can be caused by anything out of the ordinary - a full bladder or bowel, a hangnail, shoes too tight, a sore, etc. It is life threatening and if you have had it happen once, you recognize the symptoms forevermore. Just knowing you're going into an autonomic dysrefexic episode can induce panic. Autonomic Dysreflexia - Spinal Cord Injury - Paralysis Research Center

3. Couple anxiety, a possible life threatening issue, and high b/p and panic, plus that blasted song playing into eternity, and you have a very distraught, very medically unstable man.

I don't blame him for being upset. I don't even blame him for suing. They should have called emergency personnel as soon as they were told he suffers from panic disorder.
The article doesn't state if he went to hospital or not. But I can guarantee, his day at the park was ended with that ride. I think the $8,000. was fair. If it had been one of those "I was upset, so I sued for a million." lawsuits, then no.
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Old 03-27-2013, 01:13 PM   #11
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I think I would have to know more about the situation before I make a judgement.
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Old 03-27-2013, 02:27 PM   #12
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A few points to argue here:

1. The article says he was disabled and needed a w/c.
2. He had to urinate and could not.
3. He has high blood pressure and panic disorder.

As the mother of a disabled, wheelchair bound adult woman, I can tell you some things some of you may not realize:

1. People in wheelchairs have already lost a lot of independence. Being stranded somewhere, unable to leave, is terrifying.

2. If he needs a w/c, he may be paralyzed. People with paralysis can have autonomic dysreflexia. It can be caused by anything out of the ordinary - a full bladder or bowel, a hangnail, shoes too tight, a sore, etc. It is life threatening and if you have had it happen once, you recognize the symptoms forevermore. Just knowing you're going into an autonomic dysrefexic episode can induce panic. Autonomic Dysreflexia - Spinal Cord Injury - Paralysis Research Center

3. Couple anxiety, a possible life threatening issue, and high b/p and panic, plus that blasted song playing into eternity, and you have a very distraught, very medically unstable man.

I don't blame him for being upset. I don't even blame him for suing. They should have called emergency personnel as soon as they were told he suffers from panic disorder.
The article doesn't state if he went to hospital or not. But I can guarantee, his day at the park was ended with that ride. I think the $8,000. was fair. If it had been one of those "I was upset, so I sued for a million." lawsuits, then no.
Teresa,

Thanks for this! I think it helps me see it in a bit different light. I'm just tired of hearing about people stubbing their toes and suing for hangnails type lawsuits. Some people do look for "deep pockets" and will cry foul on anything. I do think they should be able to turn the music off. Unless the CM's feel like they listen to it all day, then it couldn't be all bad.

Michael
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Old 03-27-2013, 04:30 PM   #13
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Teresa,

Thanks for this! I think it helps me see it in a bit different light. I'm just tired of hearing about people stubbing their toes and suing for hangnails type lawsuits. Some people do look for "deep pockets" and will cry foul on anything. I do think they should be able to turn the music off. Unless the CM's feel like they listen to it all day, then it couldn't be all bad.

Michael
Are you saying I could have sued Disney for the day I stubbed (and broke) my toe at BWV's on the 2nd day of our 10 day trip, causing me to be pushed in a wheelchair by DH the remainder of the trip???? I'm sure the door frame was not wide enough. LOL - I am totally kidding.

In all seriousness, I can also understand this verdict. At first I thought it was another ridiculous lawsuit, but after reading it I can see some points that he had and think the judgement is somewhat fair. I actually think it may be a little too high, but at least it isn't in the millions. That would be crazy!
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Old 03-27-2013, 04:42 PM   #14
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Frankly, I think they should have called the fire department to come get the poor man off the ride whether he had panic disorder or not. It's unconscionable for Disney to have removed everyone else from the ride and left him on it for what at the time was probably who knew how long.

I'd have expected the Disney I know to have sent a CM to him immediately to explain that they'd called the fire department, and while he was waiting, was there something they could do to enable him to wait more comfortably.
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Old 03-27-2013, 05:14 PM   #15
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I don't blame him for being upset. I don't even blame him for suing. They should have called emergency personnel as soon as they were told he suffers from panic disorder.
The article doesn't state if he went to hospital or not. But I can guarantee, his day at the park was ended with that ride. I think the $8,000. was fair. If it had been one of those "I was upset, so I sued for a million." lawsuits, then no.
Wow, I had no idea beign wheelchair bound carried those particular complications.

In light of that, I have to agree with you here.
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