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waltslostnephew
10-12-2008, 12:25 AM
Hello all, Here is my question. This past July we went to disney with my family disney son twins 20mnths old DD 33 months old my wife and mom and dad. We live in Kansas City ,Mo. about 1250 miles away and have gone pretty much 2 times a year for the last 10 years plus more when I was younger. When we were at animal kingdom, the floor in the lion king area was very wet and slippery and my DS fell from the slipperyness and cracked his head wide open. It was such a bad sound that many people got involved and he was bleeding very badly. I give tremendous kudos to this Dis staff for they immeadately guided us to a first aid center do to the mear sound and the amounts of blood flowing. Once he went to first aid, they were basically scared and had a car waiting and rushed him and my wife to urgent care. Urgent care was so freaked out they demanded he go to the emergency room at Celebration, where they checked him out and he got a few stitches. We never recieved a bill, which is awesome and why we keep coming back, even though we are lucky and have very good insurance through our employers. The only bad thing was after this the doctor told us to take it easy, which basicly meant our vacation was over with a couple of days to go. My other kids kind of got the shaft do to this. As you know, I am hearing from several people to do something crazy through attorneys. I AM NOT GOING TO DO THIS. I love the mouse. But, I think maybe a small discount or something,(nothing crazy) would be pretty nice to recieve. I feel it is crazy that Disney doed not all ready reward very frequent visitors. Even if it was 10% off ofthe rooms for my next stay would be great. What do you think? Who would I contact? Thank You

Brian Noble
10-12-2008, 06:59 AM
You had four adults, and all four had to watch the one kid? No one could take the other kids to the parks? Really?

Before you send that letter, you might want to work on your story. ;)

BuzznBelle'smom
10-12-2008, 07:40 AM
Gee, it sounds to me that Disney did plenty--got him the help and didn't charge you for what was probably a few thousand in medical care. I don't know what more you think they should do. Was it slippery due to rain? I dont' see how they would be responsible for anything further--they can't guarentee that the floors will remain perfectly dry, even if another guest ahd spilled a soda or something. ONce notified, they have to act.

The remaining 3 adults could have taken the other children out, but how much commando touring can you do with 3 children under 3, anyway?

I would just let it be, and be thankful that my child wasn't seriously hurt.

pnltbox27
10-12-2008, 04:45 PM
i dont think you are out of line at all. in todays society disney is catching a break by you not contacting a lawyer. dont get me wrong i feel people are responable for their own actions , an accident is sometimes just that an accident , but disney does hold some liability when someone gets hurt on their property.call cust serv and ask to speak to a superviser , it might take a few people to get to the right person , but hey its worth a shot . its not like your suing them.
good luck..... hope your son is doin well

waltslostnephew
10-12-2008, 05:15 PM
Yes, I would never consider suing. And the other adults did take the other kids to the park, but it did put a real damper on the last couple of days. Also, I give excellent kudos to Disney, for taking care of the medical issues and there very prompt service. Thats why we keep coming back! but, a small discount on my next visit, which I will be spending 2 or 3 grand, would be nice. I was just curious what the general public had to say. I think a frequent visitor plan would be nice to for all of us.

Ashley Kees
10-12-2008, 06:51 PM
I think you should look at this from the oppostire point of view. Say you own a resort (for example) and someone slips on the ground outside after a rain. The injury is bad, and you do everything you feel is moral and kind; you rush the person to the hospital and pay for the transport and all medical bills even though the injury was *not* through negligence. How would you feel is after you went to the trouble to fix the problem that you did not cause, the person asked you for more? I would be mad. If the accident was from negligence (and not drying the ground outside after a rainstorm is *not* negligence) go ahead and ask for more. But this was an accident, and Disney has already gone above and beyond to make it right. Don't ask for more.

I'm sorry your son was injured, I know how bad it is when your baby is hurt. I have to say, though, the baby was 20 months, and there is just no way that he missed that much from the last few days. I can guarantee he will never remember that trip, he was too young. And the adults, while inconvenienced, still went to the parks and had a good time while they were there, as did the other two children. I think, given the circumstances, you made out pretty well. It could have been sooooo much worse!

kty
10-12-2008, 07:52 PM
I think that if Disney was going to do something, they would have/should have done it immediately following the accident - like offering a pass/passes for a future visit or something. To go back now, and ask for a discount - I feel would be difficult to obtain.

A few months ago we were at hard rock park in myrtle beach, and my husband was hit pretty hard by a patio umbrella that flew out of the turnstyle area. He grabbed and stopped the umbrella from injurying others/employees working the ticket area. The employees asked us to go to guest services and report the incident, etc. He was not seriously injured, by any means, so we said not to worry about it and went on our way. A manager was notified by an employee of the incident, and came over and gave us 50.00 in a food voucher to be used anywhere in the park. We were very gracious.

That said, I cannot imagine going back now and asking for something for a future trip. You should have said something during your visit/immediately following the incident.

I feel since you lost time in the park, Disney should have at least offered you a ticket for another day(s). or maybe a night in the castle :rolleyes: :rolleyes1 I think it is too late at this point to ask for something. Be thankful that your child is ok, it sounds as though it could have been a lot worse.

Luv2Roam
10-12-2008, 08:15 PM
Just read the resort codes board to find out about room discounts and codes. Or even join AAA. :confused3
I am glad it all worked out for the best. But I agree with others that it sounds like Disney went above and beyond. You did not state they were negligent in any way. And now that you are home I would say too late to even ask now. :confused3 I'm not sure they would have even done more while you were there. Had you started asking for a lot right away they may have dropped the whole thing entirely, concerned anything to help could be construed as admitting fault in case you went to an atty.
:confused3

Frothy
10-13-2008, 05:32 AM
Wow! So sorry to read about this. How's your DS now?

Unfortunately stuff like this does happen in life and the approach I think you should take is to send a letter to Disney thanking them for taking care of your son and making sure he was OK. You might like to then suggest you are hoping to return in the near future to continue the vacation that was spoilt and that you'd like to do something special for your DS. If you can be specific I think you stand a very good chance of Disney helping you but I wouldn't ask for a discount as such.

I'm also pleased to hear that you aren't one of those greedy people who like to use the ambulance chasing attorney's who like to sue people for what is basically an accident. Would you win? Probably. But you'd have a great deal of hassle in doing so and life's too short.

BuzznBelle'smom
10-13-2008, 07:31 AM
Actually, the OP probably WOULDN'T win. To win, he would have to prove that Disney was negiligent--that they knew the liquid was there and had an obligation to clean it up. That would mean proving that a spilled soda had been identified to a CM (if that's what the liquid was), and they did nothing. If a liquid had just been spilled, or was caused naturally (rain), then there would be no negligence on Disney's part. In fact, they would likely countersue for the cost of the medical treatment. And they have deeper pockets to fund a suit, not to mention lawyers who probably deal with these types of complaints on a daily basis.

Really, I see no fault or obligation on Disney's part. Perhaps I'm missing something (i.e., if there was a spill that Disney neglected). I'm sorry that the OP had to spend part of his vacation at the hospital, but this is really no different than a parent dealing with a sick child on vacation. BTDT, a few times, you just deal and move on.

madalex
10-13-2008, 08:30 AM
Yes, I would never consider suing. And the other adults did take the other kids to the park, but it did put a real damper on the last couple of days. Also, I give excellent kudos to Disney, for taking care of the medical issues and there very prompt service. Thats why we keep coming back! but, a small discount on my next visit, which I will be spending 2 or 3 grand, would be nice. I was just curious what the general public had to say. I think a frequent visitor plan would be nice to for all of us.

I'm going to ignore any suggestion that Disney owes you a discount as a result of the accident and focus on your question about a frequent visitor plan: I agree 100%. I have gone at least once every year for the past 12 years and for my next trip in Feb 2009, I will be spending close to 10 grand. While I do use codes and take every opportunity to save money, I also think it would be great if Disney offered something extra to those of us who are such loyal customers.

Deb & Bill
10-13-2008, 08:50 AM
Disney already has a frequent visitor program. It's called the Disney Vacation Club, Disney's version of a timeshare program.

ols386
10-13-2008, 08:54 AM
I am sorry your child was injured, and hope that he is now recovered. But it seems like Disney did everything possible to get your child the immediate medical assistance he needed at the time, and you were not charged anything financial for medical services. I can't imagine now going back and asking for some kind of discount because of this incident, and it doesn't sound like Disney was negligent...but that this was an accident that could happen to anyone at any place. There are discount codes and that type of thing...maybe you could look into getting something like that. I agree that individuals/families who regularly vacation at WDW could be given some type of discount for their loyalty, but I wouldn't hold my breath on that one.

cdmv4
10-13-2008, 09:15 AM
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MikeŠ
10-13-2008, 09:27 AM
Yes, I would never consider suing. And the other adults did take the other kids to the park, but it did put a real damper on the last couple of days. Also, I give excellent kudos to Disney, for taking care of the medical issues and there very prompt service. Thats why we keep coming back! but, a small discount on my next visit, which I will be spending 2 or 3 grand, would be nice. I was just curious what the general public had to say. I think a frequent visitor plan would be nice to for all of us.

My two cents. Just keep in mind, if you start going after this there is nothing to stop them from asking for compesation for the medical bills.

Or let me put it this way.

If you ask for compensation for the incident and you get it. It would be the same as Disney saying "it was our fault" and would open them to further actions. Or you will ask and they will see it as a possible liability and will take actions of thier own to minimize it.

Is it really worth it?

Disney1976
10-13-2008, 09:30 AM
Actually, the OP probably WOULDN'T win. To win, he would have to prove that Disney was negiligent--that they knew the liquid was there and had an obligation to clean it up. That would mean proving that a spilled soda had been identified to a CM (if that's what the liquid was), and they did nothing. If a liquid had just been spilled, or was caused naturally (rain), then there would be no negligence on Disney's part. In fact, they would likely countersue for the cost of the medical treatment. And they have deeper pockets to fund a suit, not to mention lawyers who probably deal with these types of complaints on a daily basis.

Really, I see no fault or obligation on Disney's part. Perhaps I'm missing something (i.e., if there was a spill that Disney neglected). I'm sorry that the OP had to spend part of his vacation at the hospital, but this is really no different than a parent dealing with a sick child on vacation. BTDT, a few times, you just deal and move on.

Exactly! Slip and fall cases are extremly difficult to prove and win under Florida case law. Furthermore, I think a court would look at the actions took after the accident -providing appropriate and immediate medical care, and making sure the medical bill was paid. If you were looking for free passes, or a discount on the room, I would have brought it up during the time of the accident, and not after the fact. Ultimately, Disney is a business, and I think will not offer more compensation than they feel is necessary or maybe what they feel they can "get away with."

At this point, the trauma your family incurred is just another blip on the screen, an incident report stuck in a filing cabinet somewhere, buried with countless others. I think you need to be satisfied that your son received proper treatment, there wasn't (hopefully) any lasting trauma, and that no medical bills were incurred. Chalk it up to a random, unfortunate event that could have happened to anyone, and move on.

dizneydiva2005
10-13-2008, 09:44 AM
You had four adults, and all four had to watch the one kid? No one could take the other kids to the parks? Really?

Before you send that letter, you might want to work on your story. ;)

:rolleyes2 really? That's the best you could come up with for a response?


TO the OP- I'm sorry your son got hurt. That's terrible!! It wasn't his fault the floor was slippery and he got hurt!!! It sure dampens a vacation for EVERYONE!!!!!! It's not fun to plan a trip and then have to go to the parks without the entire party because someone has to stay behind- so I understand you not going to the parks-

I have mixed feelings on what you should do.
When my son was 3 he fell off a chair at Epcot and had to have his chin glued together. I asked for an autograph from the characters! I did receive one in the mail of the Fab 5 in front of the castle. It made his day!

maxiesmom
10-13-2008, 09:46 AM
I think you should be very grateful that Disney took care of all the medical costs, which were probably $$$, and leave it at that. It sounds like Disney was fabulous in dealing with something that was very scary for you. Focus on that, and the fact that your son is fine. Which is worth more than any disount Disney could give you.

cdmv4
10-13-2008, 09:53 AM
I think Frothy has the right idea for your 1st step. Don't ask for anything but see what they offer. You went on vacation as a family and if you stay back with your DS while the others go and play, then it is not a family vacation. There's no reason why Disney should not compensate you for the vacation time you lost due to the seriousness of the injury. Let's face it, they took a lot of your money! Who's to say Disney is not partially responsible, did they take the right procedures to avoid slips on wet pavement? It's Florida and it rains alot. As long as you're not asking for anything more, then I don't think you're being greedy one bit. GO FOR IT!
And NO, Disney DOES NOT have a frequent visitor program and it is not DVC. Many non-DVC visitors go more often than many DVC members. Though I don't have one, I would consider AP holders belonging to more of a frequent visitor's program and I beleive you get many discounts. The purpose of an AP is to save on admissions in a 1 year period if you visit DW frequently.

ElizabethB
10-13-2008, 10:08 AM
Frankly, I'm surprised they covered the medical bills. That could be considered an admission of responsibility for the accident. As far as asking for further compensation (room discount, etc.), any such request (if it involves something of monetary value as opposed to a Mickey signature) likely will immediately be turned over to WDW's insurer. You'll get no where fast once that happens.

If you want something additional from WDW, get an attorney. You may need one located in Orlando, Florida. An insurer is likely to offer a settlement for the pain and suffering. An insurer won't offer anything for lost enjoyment of the other kids.

I can see the flaming starting already! Flame away. A basic principle of our law is that when someone is negligent and causes injury to another, the negligent person is expected to pay for the injury caused.

I have no idea why someone would say slip and fall cases are difficult to prove in Florida. Cases please?

In this instance, there were tons of witnesses. And, a court will not necessarily decide that what WDW has paid to date is enough. That is often within a jury's province, not the court's.

And, these sorts of cases never get to court anyway. They settle.

Lots of arm chair "attorneys" on these boards!

dizneydiva2005
10-13-2008, 10:18 AM
Exactly! Slip and fall cases are extremly difficult to prove and win under Florida case law. Furthermore, I think a court would look at the actions took after the accident -providing appropriate and immediate medical care, and making sure the medical bill was paid. If you were looking for free passes, or a discount on the room, I would have brought it up during the time of the accident, and not after the fact. Ultimately, Disney is a business, and I think will not offer more compensation than they feel is necessary or maybe what they feel they can "get away with."

At this point, the trauma your family incurred is just another blip on the screen, an incident report stuck in a filing cabinet somewhere, buried with countless others. I think you need to be satisfied that your son received proper treatment, there wasn't (hopefully) any lasting trauma, and that no medical bills were incurred. Chalk it up to a random, unfortunate event that could have happened to anyone, and move on.

Personally, I don't agree with this post what so ever!

Bottom line is- the son got hurt due to a slippery floor while on Disney property. Disney should be held to that fact.

I wonder if you would be able to 'chalk it up to a RANDOM, UNFORTUNATE event if you or your loved one was the one who got hurt and bummed out the vacation {which isn't cheap} for the entire family???
And for you to say be satisfied that her son received proper care is just a joke! Seriously, think about that for a min.
So you get hurt at disney - not your fault, you would just sit back and say, Well, I got proper care and I'll just be thankful it was just a random event. Too bad we lost out on part of our vacation- but I'm grateful none the less??
:confused:

Brian Noble
10-13-2008, 10:23 AM
That's the best you could come up with for a response?
Well, I could have done a lot better, but it probably would have gotten me points from a Moderator.

Sounds to me as if the OP, months after the fact, is looking for a new angle, and trying to see what might stick. To which I respond: good luck with that.

Disney1976
10-13-2008, 10:30 AM
Frankly, I'm surprised they covered the medical bills. That could be considered an admission of responsibility for the accident. As far as asking for further compensation (room discount, etc.), any such request (if it involves something of monetary value as opposed to a Mickey signature) likely will immediately be turned over to WDW's insurer. You'll get no where fast once that happens.

If you want something additional from WDW, get an attorney. You may need one located in Orlando, Florida. An insurer is likely to offer a settlement for the pain and suffering. An insurer won't offer anything for lost enjoyment of the other kids.

I can see the flaming starting already! Flame away. A basic principle of our law is that when someone is negligent and causes injury to another, the negligent person is expected to pay for the injury caused.

I have no idea why someone would say slip and fall cases are difficult to prove in Florida. Cases please?

In this instance, there were tons of witnesses. And, a court will not necessarily decide that what WDW has paid to date is enough. That is often within a jury's province, not the court's.

And, these sorts of cases never get to court anyway. They settle.

Lots of arm chair "attorneys" on these boards!


Well, right now, I'm half-heartedly working on a motion for summary judgment to get our client out of a multi-million dollar construction litigation matter that is boring me to tears, hence I'm here :rotfl: -but by no stretch of the imagination am I an "arm chair attorney" -I am a licensed Florida practioner. That being said, I wasn't trying to give legal advice, but offering an educated legal opinion.

Yes, it's true a basic pricinple of negligence is that if one party has a duty to another and they breach that duty, resulting in damages, they can be liable. But like every 'rule of law', there are countless exceptions. In slip and fall cases, you have to look at all of the surrounding circumstances and the knowlede of the faulty party. If for instance, the slippery spot had been caused by a drink another guest had spilled 5 minutes earlier, and a cast member hadn't noticed it and hadn't been told about it, recovery will likely be denied. On the other hand, if the spill had been there, say, an hour, long enough for a CM to notice it, maybe even be told about it, and they ignored it, then that makes for a much stronger case. Not a guaranteed win (I clerked for an attorney who lost a case where he PROVED knowledge of a supermarket of a dangerous condition and failure to remedy and still lost), but a much better fact pattern. If the wetness was caused by rain and people walking through, I would think that's a different situation -you'd probably have to look at how Disney normally handles that situation, whether it be through warning guests as they walk in, putting signs up, constantly having a cleanup crew on site, or whatever.

Now, you seem like an attorney, so you'll remember these principles from first year torts. As for cases in Florida dealing with this -jump on Westlaw or Lexis, you'll find them. I do agree that by asking for a discount based on this incident, it will immediately get turned over -but not to Disney's insurer. I would expect it would be turned over to the legal department, or any request for a discount or compensation would be answered with a letter to contact their legal department. And one thing people who sue Disney soon learn -under his white glove, Mickey has a steel claw. I think they'd fight a claim before paying out money to anyone just because then can.

maxiesmom
10-13-2008, 10:31 AM
So you get hurt at disney - not your fault, you would just sit back and say, Well, I got proper care and I'll just be thankful it was just a random event. Too bad we lost out on part of our vacation- but I'm grateful none the less??
:confused:

Be grateful that the costly medical bills were paid, and your son is healthy? YES! I'm betting whatever Disney paid in bills was way more than whatever small discount the OP could maybe get.

And didn't the OP say there weren't going to sue???

Disney1976
10-13-2008, 10:37 AM
Personally, I don't agree with this post what so ever!

Bottom line is- the son got hurt due to a slippery floor while on Disney property. Disney should be held to that fact.

I wonder if you would be able to 'chalk it up to a RANDOM, UNFORTUNATE event if you or your loved one was the one who got hurt and bummed out the vacation {which isn't cheap} for the entire family???
And for you to say be satisfied that her son received proper care is just a joke! Seriously, think about that for a min.
So you get hurt at disney - not your fault, you would just sit back and say, Well, I got proper care and I'll just be thankful it was just a random event. Too bad we lost out on part of our vacation- but I'm grateful none the less??
:confused:

Without knowing all the facts and circumstances of the event? Yes, I would. If Disney had no knowledge of the dangerous condition before the injury occurred, a court may find them not liable. I think they responded appropriately to the circumstances -they ensured proper care was given and the bill was paid. It wasn't as if Disney purposely set a trap to cause harm to the child.

Bottom line, Disney is a business and isn't going to pay out to every Tom, Dick and Harry who feels they are entitled to something. Does this to some degree result in the people who are rightfully entitled perhaps being shortchanged by those who aren't entitled? Probably so, and that is unfortunate. Sometimes I hate what a few members of the legal profession have done by encouring this litigious society and this "me me me" entitlement mentality.

As for if it was me? I had a slip and fall of my own in a business earlier this year in a popular business, during a lunch rush, and was badly hurt. Not as badly as this child, but hurt. Not a single employee or manager did anything, said anything, or offered anything, even though numerous employees and at least one manager witnessed it. And I didn't go looking for anything. So yes, I would feel the same.

ElizabethB
10-13-2008, 10:50 AM
I'll say it again. These cases settle. They don't go to court. Yes, if it actually went to court things like did employees have knowledge of the slipperiness, how long had the defect been there, etc., will matter. Those things, instead, factor into how much of a settlement one gets.

Since these cases are not worth the trouble and expense of going to court, they generally settle for an amount that seems fair to the plaintiff (and to the insurer) and that is that.

WDW is a business, yes. As a business, it has insurance for these sorts of things.

I agree that suing the Mouse isn't easy but no doubt there are Orlando attorneys who do it all the time.

greenpea89
10-13-2008, 10:54 AM
Personally, I don't agree with this post what so ever!

Bottom line is- the son got hurt due to a slippery floor while on Disney property. Disney should be held to that fact.

I wonder if you would be able to 'chalk it up to a RANDOM, UNFORTUNATE event if you or your loved one was the one who got hurt and bummed out the vacation {which isn't cheap} for the entire family???
And for you to say be satisfied that her son received proper care is just a joke! Seriously, think about that for a min.
So you get hurt at disney - not your fault, you would just sit back and say, Well, I got proper care and I'll just be thankful it was just a random event. Too bad we lost out on part of our vacation- but I'm grateful none the less??
:confused:

Actually, when our son was two he fell off of Cinderella's carousel and cut his forehead quite severely on the engine box (he had a concussion and today, 13 years later, still has a scar - while he finds the story embarrassing he says girls like it and think it's cute:rolleyes: ). We missed the parks on the last two days of our trip because he was nauseous and his eye was swollen shut. Disney covered the cost of our medical bill and checked on him repeatedly, and while the design of the carousel floor slanted down so may have contributed to the fall, I primarily blamed my husband and myself for not holding his hand tightly enough. I feel Disney did more than enough for us. I didn't feel that they owed us anything more than what we received. Primarily we were grateful that he was OK. It's even a family joke now - he says that he's "been scared for life by Disney" and rolls his eyes when he doesn't want to go on a family trip to the world.

I am truly sorry to hear that your child was hurt and I'm thrilled that he's fine now ( he may even have a "chick magnet" story for his teen years;) ) but I do feel that Disney met it's responsibility to you and your child.
If you want to still try then I second the suggestion of sending a thank you letter and possibly requesting a get well card signed by your child's favorite character.

As one of the pps mentioned I see the AP pass as a frequent visitor discount and feel that the discounts on rooms and the dining experience card you may purchase with your AP are perks that reward frequent visitors. If you go twice a year, I wholeheartedly recommend purchasing an AP and the dining experience card. We feel the discounts are great and can't believe we didn't do it sooner!:goodvibes

ElizabethB
10-13-2008, 10:59 AM
Disney didn't necessarily pay for the medical bills out of the kindness of its heart. Had Disney not paid, the OP would have submitted it to her medical insurer.

At that point, the medical insurer would have been subrogated to the OP's claim against Disney and if the medical bills were high enough, the medical insurer would have pursued a claim against Disney to recover what the medical insurer paid, seeking to find some negligence on Disney's part.

nurse.darcy
10-13-2008, 11:02 AM
Actually, the OP probably WOULDN'T win. To win, he would have to prove that Disney was negiligent--that they knew the liquid was there and had an obligation to clean it up. That would mean proving that a spilled soda had been identified to a CM (if that's what the liquid was), and they did nothing. If a liquid had just been spilled, or was caused naturally (rain), then there would be no negligence on Disney's part. In fact, they would likely countersue for the cost of the medical treatment. And they have deeper pockets to fund a suit, not to mention lawyers who probably deal with these types of complaints on a daily basis.

Really, I see no fault or obligation on Disney's part. Perhaps I'm missing something (i.e., if there was a spill that Disney neglected). I'm sorry that the OP had to spend part of his vacation at the hospital, but this is really no different than a parent dealing with a sick child on vacation. BTDT, a few times, you just deal and move on.

Actually they might. Disney would probably settle out of court to avoid a trial and then pay some money up front for that settlement. Its a common practice among large corporations so that they avoid the nuissance lawsuit. This is why it costs so much to go to court.

Disney1976
10-13-2008, 11:08 AM
I'll say it again. These cases settle. They don't go to court. Yes, if it actually went to court things like did employees have knowledge of the slipperiness, how long had the defect been there, etc., will matter. Those things, instead, factor into how much of a settlement one gets.

Since these cases are not worth the trouble and expense of going to court, they generally settle for an amount that seems fair to the plaintiff (and to the insurer) and that is that.

WDW is a business, yes. As a business, it has insurance for these sorts of things.

I agree that suing the Mouse isn't easy but no doubt there are Orlando attorneys who do it all the time.


Right, these cases settle...except Disney has a reputation for NOT settling, or only settling after a fight (and then of course I'm sure there's the standard no fault agreement, sealed, etc.). The logic behind that is probably due to the fact I'm sure Disney gets 500+ complaints/claims a day, and I'm certain they want to avoid a reputation as a company who pays out easy money.
I hope whatever the OP decides, it works out for him.

NHTikiBeckie
10-13-2008, 11:11 AM
Thanks for not beind "sue happy" OP. I do agree that it is now a little too late to be asking for something, plus I think them covering the medical bills was really great as it is. I guess my issue is, what if the person 2 feet in front of you drops some of their drink on the ground as you are being loaded into the Lion King theatre. You or a child slips on it...am I really going to punish Disney because of another visitor, and them not being perfect enough to find every little spot I could slip on? I think we have to be careful with what is actually negligence, you know?

I am glad your son is ok, and that you had a good vacation otherwise. And I agree, a frequent visitor perk would be nice, nothing huge, but I would love to just have my room upgraded every now and then as a thank you, I mean we go twice a year!

Disneyadore
10-13-2008, 11:17 AM
I would have been on my knees to thank God that my kid was not seriously hurt.


It just ridiculous that everyone seems to think that ever little injury that can just as easily happen at home is a reason to get money out of Disney.

Who do you complaint to ore ask for a discount it this happens at your own house?

ols386
10-13-2008, 11:24 AM
Personally, I don't agree with this post what so ever!

Bottom line is- the son got hurt due to a slippery floor while on Disney property. Disney should be held to that fact.

I wonder if you would be able to 'chalk it up to a RANDOM, UNFORTUNATE event if you or your loved one was the one who got hurt and bummed out the vacation {which isn't cheap} for the entire family???
And for you to say be satisfied that her son received proper care is just a joke! Seriously, think about that for a min.
So you get hurt at disney - not your fault, you would just sit back and say, Well, I got proper care and I'll just be thankful it was just a random event. Too bad we lost out on part of our vacation- but I'm grateful none the less??
:confused:
For me personally, yes, I would be thankful that my child received proper medical care, recovered from being injured, and grateful that Disney paid the medical bills...and I would let it go at that. You say that Disney 'should be held to the fact' that someone was injured on their property. Well, they were held to that. They reacted properly, and obtained medical treatment immediately, and paid the bill. I guess we all have our own opinion about a situation like this one.

lnd2155
10-13-2008, 03:09 PM
Hello all, Here is my question. This past July we went to disney with my family disney son twins 20mnths old DD 33 months old my wife and mom and dad. We live in Kansas City ,Mo. about 1250 miles away and have gone pretty much 2 times a year for the last 10 years plus more when I was younger. When we were at animal kingdom, the floor in the lion king area was very wet and slippery and my DS fell from the slipperyness and cracked his head wide open. It was such a bad sound that many people got involved and he was bleeding very badly. I give tremendous kudos to this Dis staff for they immeadately guided us to a first aid center do to the mear sound and the amounts of blood flowing. Once he went to first aid, they were basically scared and had a car waiting and rushed him and my wife to urgent care. Urgent care was so freaked out they demanded he go to the emergency room at Celebration, where they checked him out and he got a few stitches. We never recieved a bill, which is awesome and why we keep coming back, even though we are lucky and have very good insurance through our employers. The only bad thing was after this the doctor told us to take it easy, which basicly meant our vacation was over with a couple of days to go. My other kids kind of got the shaft do to this. As you know, I am hearing from several people to do something crazy through attorneys. I AM NOT GOING TO DO THIS. I love the mouse. But, I think maybe a small discount or something,(nothing crazy) would be pretty nice to recieve. I feel it is crazy that Disney doed not all ready reward very frequent visitors. Even if it was 10% off ofthe rooms for my next stay would be great. What do you think? Who would I contact? Thank You
Just as an FYI.... Did you purchase the vacation protection insurance?? You could have submitted a claim through them for the remainder days worth of tickets that were not used. I don't want to put in my 2 cents in though about requesting a discount. I am a cast member, and I don't want to seemed biased.

eliza61
10-13-2008, 03:16 PM
mouse. But, I think maybe a small discount or something,(nothing crazy) would be pretty nice to recieve. I feel it is crazy that Disney doed not all ready reward very frequent visitors. Even if it was 10% off ofthe rooms for my next stay would be great. What do you think? Who would I contact? Thank You

So sorry about your childs accident. The blood would have probably freaked me out. Anyway Disney does offer a frequent visitors program, they called it DVC ;)
If you go yearly you get decent discounts with an AP pass

kaytieeldr
10-13-2008, 06:23 PM
Preface: I like numbers. I did a quick analysis of the responses. For the most part, the more prolific posters are on the "no" side, while the less frequent posters think yes, the OP is owed more (than all medical bills, including transportation, covered):
No, Disney did enough/more than enough: 3,301.7 average post count (3,860.8, counting me)
Yes, the OP should request/expect more from Disney: 46.7 average post count
No opinion/neutral (with some 'no opinion' seeming to lean toward "yes"): 722.5 average post count
And if you combine the 'yes' and 'leaning toward yes' responders: 425.7 average post count

Results calculated using responses through 4:16 PM; not responsible for responses posted during calculations

kaytieeldr
10-13-2008, 06:29 PM
Oh, yeah - my opinion.

Disney does not owe the OP or his family anything; however, if he is going to request any form of compensation over and above all medical bills paid and all associated transportation covered - since all that was actually 'lost' was two days' of ticket use by one adult (since, frankly, attitude is subjective), all that should be suggested/requested is replacement of two days' park admission for that one adult.

eta: and even that should be affected by the actual number of days admission that adult had on her/his ticket.
Example:
- - - two one-day tickets = no compensation, since neither would have been used and so neither expires until use.
- - - one three-day ticket with only one day used might be equal to $144 of tickets
- - - one ten-day ticket with eight days used = $47.40 value
- - - one ten-day non-expiring ticket with eight days used = $0 value, since the remaining days never expire

Tink888
10-13-2008, 07:53 PM
OP - I'm sorry that your son was injured and that it put a damper on the last few days of your vacation. I'm glad that he's okay. :flower3:

If it was me personally that this happened to, I think that I would probably let it go. It sounds like this was just an unfortunate accident, I don't know the facts or why the floor was wet, did a guest spill something, had it been mopped? I also know that with my own kids, at 20 months - they weren't always sturdy on their feet and it didn't always take much for one of them to fall down. Disney took care of the medical expenses which I'm sure added up to several hundred dollars. If I wanted additional compensation for unused tickets or discounts, etc., I would have brought it up with Disney management at the time the accident occurred. Three months after the fact it seems a little late.

Sure you could sue but I'd expect a good fight from Disney and rightly so. With the thousands of people visiting every day, there are justified and unjustifed claims. If Disney didn't aggressively fight each and every one of them and settled just to avoid a trial, none of us could afford to go there becuase the prices would be so high while they tried to recoup their losses.

Since you are a frequent visitor, for all you know there very well could be a little check by your name and the next time you book, an upgrade or something special may already be waiting for you. JMO

portocall
10-13-2008, 09:40 PM
I don't think that Disney would be willing to offer any additional compensation. I would leave it at the medical bills being taken care of and keep looking for the public/pin discounts for future visits.

Smile4Me
10-13-2008, 10:01 PM
I'm very sorry that your son was injured while on a family vacation. To be honest, I think that you'd have a better case for asking for compensation seeming for a vacation being disrupted if you hadn't used the rest of the passes ,,,,but then you'd be out that time at Disney if they didn't come through... :confused3 I'm happy your son is safe and the medical care they sought for him was adequate.

EnnEss
10-13-2008, 11:11 PM
And we sometimes wonder why disney has to do so much ludicrous stuff as result of the litigious society we live in...

Its sad there was a fall and your son got hurt, but it was an accident. Take some personal responsibility.

tiger4me2
10-14-2008, 02:43 AM
Just my two cents, Disney paid for all your medical bills for your son. And mainly he is okay & not injured badly. But to ask Disney for future discounts now after you got back is a bit too far. You should have asked them then.
I been to Disney 3 times a year & never gotten that many discounts & we stay at the deluxes. I been sick once for the whole week & had to stay in the room. So I missed out on the parks, dining the whole thing. I lost out of my side of package but I brought the travel insurance & got reimburse on it. The resort staff went out of their way to make me comfortable. Going home was not an option. We were able to go back down in a few months to make up the time I lost well I went solo since DH got to do the parks & eat. LOL.

Point be happy your son is okay & not injured for life. But you will have to make that call whether or not to call them or write. But think about it would you rather paid for it all (medical bills) ? Be happy they covered it.

Christine9125
10-14-2008, 04:30 AM
Just my $.02-we were there in August and just received a bill, so yours could still be coming. Secondly, they have a contract with the Urgent Care facility for transportation, they do this for everyone. I don't understand people who get something and still want more. I think Disney did everything they needed to do to take care of you, just like they did for us.

dlbbwu
10-14-2008, 11:16 AM
Another 2 cents worth. I am a fireman/EMT by trade. The last time we were at the Magic Kingdom, a woman slipped off the edge of the sidewalk as she was walking. She was in a lot of pain and I helped her until the Disney staff arrived. I sat her up and made her as comfortable as possible. She was screaming in pain. I timed the Disney staff (since we are always timed in some sort of fashion) and it took them 3.2 minutes to respond with the ambulance & staff. I thought that was rather quick considering it was the Magic kingdom.
After she was put in the ambulance, we went on our merry way. Later in the day a Disney staff member stopped me and informed me she did not "break" her ankle, just a very bad sprain and handed me a food voucher for helping. At first I told her that I was acting as a good samaritan and I did not need to be rewarded, she insisted and I then had to accept.
I am glad your son has recovered and was not seriously injured. As for asking for more (which if I recall you weren't), in my opinion I would be thankful the injury was not more severe.

Just my 2 cents... :thumbsup2

mytwinklestar
10-14-2008, 11:39 AM
I must be misunderstanding the OP. Firstly, I have to express my sympathy for having to go through such a traumatic experience. I am grateful that your child was not more seriously injured and I understand how this would take away from what was meant to be a completely happy experience. It is my understanding that you would simply like to know if there were a way to request a discount considering the circumstances. IMHO perhaps Disney could offer your family the best available discount... be that a Disney Visa/AAA rate. Again, it is IMHO that this would not be too much to ask. You aren't asking for a free trip. You aren't asking for free admission. You would simply be allowed to take advantage of the best current discount even if you don't subscribe to AAA/DV/APs. All they can say is no. No harm done. Disney doesn't offer discounts to frequent visitors - as I have been told by CMs "They know you are going to return." Surely, if they offer you the current discount, they aren't "giving" you anything free. They know that you will spend additional monies to fully experience what they have to offer. If they do this for marketing purposes, and they wouldn't do it if it weren't a proven means for them to profit, then asking cannot hurt. Take care. I pray your family will enjoy their next vacation to its fullest.

NHTikiBeckie
10-14-2008, 12:19 PM
I have to laugh a little at the people who are daying DVC is the reward for being a frequent visitor. Come on people...not everyone can afford DVC, and DVC is NOT a money saver for people like myself who can only afford values or moderates. We looked into this last time we were there, and pricing it out...it is not a savings for us. It would be nice if Disney recognized the lower budget families, too, that frequent every year or two...doesn't have to be a big thing at all, I'd be thrilled with a balloon in my room! Ha!

ols386
10-14-2008, 12:31 PM
I have to laugh a little at the people who are daying DVC is the reward for being a frequent visitor. Come on people...not everyone can afford DVC, and DVC is NOT a money saver for people like myself who can only afford values or moderates. We looked into this last time we were there, and pricing it out...it is not a savings for us. It would be nice if Disney recognized the lower budget families, too, that frequent every year or two...doesn't have to be a big thing at all, I'd be thrilled with a balloon in my room! Ha!
I completely agree! DVC a rewards program for frequent visitors??? I don't think so.

RickinNYC
10-14-2008, 01:35 PM
Personally, I don't agree with this post what so ever!

Bottom line is- the son got hurt due to a slippery floor while on Disney property. Disney should be held to that fact.

I wonder if you would be able to 'chalk it up to a RANDOM, UNFORTUNATE event if you or your loved one was the one who got hurt and bummed out the vacation {which isn't cheap} for the entire family???
And for you to say be satisfied that her son received proper care is just a joke! Seriously, think about that for a min.
So you get hurt at disney - not your fault, you would just sit back and say, Well, I got proper care and I'll just be thankful it was just a random event. Too bad we lost out on part of our vacation- but I'm grateful none the less??
:confused:


Although not directed at me, I feel so incredibly compelled to say that YES, I and the rest of my family would chalk it up to a random, unfortunate event. Accidents happen every day.

In fact, the OP's story reminds me of something that happened a couple of months ago to my own family. My younger brother was in the hospital getting prepped for cardiac surgery. His wife was under a great deal of stress and fainted. She smashed her head on the floor, which resulted in a subdural hematoma. Shortly thereafter, she was immediately rushed into the ER of that same hospital because the internal bleeding in her brain was so pronounced, it was on the verge of "coning" (pushing her brain down into the base of her skull, thus effectively killing her).

The hospital provided her with an amazing level of care, kept her as an inpatient for almost two weeks, and then admitted her to the neighboring rehab hospital for another week and a half.

And we still had to pay the co-pay. There was no offer of free medical care or anything else.

My brother didn't sue. Her mother didn't sue. No one in both our families sued, yet her injury was far more traumatic than the OP's poor son. And for the record, if his son did indeed fall and "cracked his head wide open", the doctor would not have released that poor kid and told the parents to simply "keep on eye on him." I don't doubt the accident happened, but not to the severity that he indicated. The poor little guy slipped and fell, cut his head on the ground as most of us tend to do. His having been rushed to the hospital was to insure that nothing more serious occurred which is standard SOP for head injuries.

Although location is quite different, the scenario is quite the same. The very idea of suing is something that never occurred to anyone with us.

It was an accident and nothing more.

Thank God, like the OP, our own family has a happy ending to the story.

RickinNYC
10-14-2008, 01:43 PM
Right, these cases settle...except Disney has a reputation for NOT settling, or only settling after a fight (and then of course I'm sure there's the standard no fault agreement, sealed, etc.). The logic behind that is probably due to the fact I'm sure Disney gets 500+ complaints/claims a day, and I'm certain they want to avoid a reputation as a company who pays out easy money.
I hope whatever the OP decides, it works out for him.

Yup, from my understanding, Disney just about never settles. And I absolutely applaud them for that.

I'm of the opinion that the absolute vast majority of cases out there are a waste of the court's time, business' money, and the people's taxes. Frankly, I think that in every single case out there, if you lose, you and your attorney should be made to pay all court fees for everyone involved. If you win, then so be it.

Adding to that, if you are willing to sue, then settling out of court should never be an option. You either sue, or you don't.

But that's my own opinion and I do realize it's a harsh one.

To the OP, so so so glad your son came out of this with a good war story to share with his friends when he's older.

cdmv4
10-14-2008, 08:15 PM
How did "wanting or asking for a discount due to lost time of last vacation" turn into a lawsuit against Disney? The OP never referred to that in any way. DISCOUNT people, DISCOUNT!
And again, DVC is not a frequent visitor's program. It is a timeshare type program with some discounts and perks.

Deb & Bill
10-14-2008, 08:29 PM
I have to laugh a little at the people who are daying DVC is the reward for being a frequent visitor. ....

I don't think anyone said DVC is a reward for being a frequent visitor. Just that DVC is a frequent visitor program. DVC members get dining discounts, discounts on annual passes, free valet parking at DVC resorts all for the measly sum of $20K up, not including annual member fees.

stacyp9
10-14-2008, 10:28 PM
Hello all, Here is my question. This past July we went to disney with my family disney son twins 20mnths old DD 33 months old my wife and mom and dad. We live in Kansas City ,Mo. about 1250 miles away and have gone pretty much 2 times a year for the last 10 years plus more when I was younger. When we were at animal kingdom, the floor in the lion king area was very wet and slippery and my DS fell from the slipperyness and cracked his head wide open. It was such a bad sound that many people got involved and he was bleeding very badly. I give tremendous kudos to this Dis staff for they immeadately guided us to a first aid center do to the mear sound and the amounts of blood flowing. Once he went to first aid, they were basically scared and had a car waiting and rushed him and my wife to urgent care. Urgent care was so freaked out they demanded he go to the emergency room at Celebration, where they checked him out and he got a few stitches. We never recieved a bill, which is awesome and why we keep coming back, even though we are lucky and have very good insurance through our employers. The only bad thing was after this the doctor told us to take it easy, which basicly meant our vacation was over with a couple of days to go. My other kids kind of got the shaft do to this. As you know, I am hearing from several people to do something crazy through attorneys. I AM NOT GOING TO DO THIS. I love the mouse. But, I think maybe a small discount or something,(nothing crazy) would be pretty nice to recieve. I feel it is crazy that Disney doed not all ready reward very frequent visitors. Even if it was 10% off ofthe rooms for my next stay would be great. What do you think? Who would I contact? Thank You

Personally I think it doesn't hurt to ask. I'm typically not a fan of this type of thing but your request sounds very low key and your complaint is completely valid about your vacation being cut short. I wouldn't feel comfortable staying in the hotel with a child with a head injury while my spouse toured the parks with the other kids. No one in our family would enjoy that.

dansamy
10-14-2008, 10:58 PM
Although not directed at me, I feel so incredibly compelled to say that YES, I and the rest of my family would chalk it up to a random, unfortunate event. Accidents happen every day.

In fact, the OP's story reminds me of something that happened a couple of months ago to my own family. My younger brother was in the hospital getting prepped for cardiac surgery. His wife was under a great deal of stress and fainted. She smashed her head on the floor, which resulted in a subdural hematoma. Shortly thereafter, she was immediately rushed into the ER of that same hospital because the internal bleeding in her brain was so pronounced, it was on the verge of "coning" (pushing her brain down into the base of her skull, thus effectively killing her).

The hospital provided her with an amazing level of care, kept her as an inpatient for almost two weeks, and then admitted her to the neighboring rehab hospital for another week and a half.

And we still had to pay the co-pay. There was no offer of free medical care or anything else.

My brother didn't sue. Her mother didn't sue. No one in both our families sued, yet her injury was far more traumatic than the OP's poor son. And for the record, if his son did indeed fall and "cracked his head wide open", the doctor would not have released that poor kid and told the parents to simply "keep on eye on him." I don't doubt the accident happened, but not to the severity that he indicated. The poor little guy slipped and fell, cut his head on the ground as most of us tend to do. His having been rushed to the hospital was to insure that nothing more serious occurred which is standard SOP for head injuries.

Although location is quite different, the scenario is quite the same. The very idea of suing is something that never occurred to anyone with us.

It was an accident and nothing more.

Thank God, like the OP, our own family has a happy ending to the story.


No. She fainted. A hospital cannot prevent a person from fainting. A slip&fall does indeed fall under the realm of corporate liability. The child most likely cut his scalp when he fell. Scalp lacs bleed...a LOT. They probably told them to take it easy more as a precaution. I certainly wouldn't allow a person with a recent head injury to ride any thrill rides.

kaytieeldr
10-15-2008, 12:13 AM
Entirely moot, since Disney won't let the typical twenty, twenty-six, or thirty-three month old on a thrill ride anyway.
I certainly wouldn't allow a person with a recent head injury to ride any thrill rides.

Disney Dreams
10-15-2008, 04:11 AM
I find this thread to be really interesting for a variety of reasons, but as for the OP's question.......

I am SO very sorry to hear about what happened to your child. How scary that must have been. I can understand how it would put a damper on the remaining days. However, as for Disney possibly owing you some sort of discount on your next stay, you say that this occurred in July. It is now 3 months later and you are just raising this question. That seems odd to me. I could see myself asking for a discount off of our stay when the accident occurred, or perhaps writing immediately after the fact; however three months later just seems odd to me. If I had bad food at a restaurant, I would not wait 3 months to request a discount on my bill. If I were a resort manager and your request came across my desk, that would be the very first thought I would have.

I am happy to hear that they took care of all costs related directly to the accident (medical, etc...). I am not attacking you in any way and cannot imagine how scary it must have been for you and your family at the time, but I am curious what has prompted you to wonder NOW (3 months later) about inquiring about a discount on a future stay?

...Its a common practice among large corporations so that they avoid the nuissance lawsuit. This is why it costs so much to go to court.
And perhaps partially why theme park tickets are expensive??? :goodvibes

- Dreams

RickinNYC
10-15-2008, 07:55 AM
No. She fainted. A hospital cannot prevent a person from fainting. A slip&fall does indeed fall under the realm of corporate liability. The child most likely cut his scalp when he fell. Scalp lacs bleed...a LOT. They probably told them to take it easy more as a precaution. I certainly wouldn't allow a person with a recent head injury to ride any thrill rides.

She fainted because she was in the room while her husband, my brother, was being prepped for surgery. The stress of the entire situation, including seeing the prep procedure all compounded to cause her to faint. She should have been asked to leave the room but the nurses at the time merely said, "You don't mind, do you?" My sister in law didn't know at the time what exactly they were going to do. Per the nurse in charge and the doctors at the hospital, she should have been instructed to leave before that ever happened as is the usual.

So yes, if you want to get into the details of that day, the hospital could be seen as at fault BIG time, far more than a slip-and-fall which is an ACCIDENT.

Regardless of the situation, no, no one was entitled to anything beyond medical care at minimum.

dizneydiva2005
10-15-2008, 08:47 AM
Although not directed at me, I feel so incredibly compelled to say that YES, I and the rest of my family would chalk it up to a random, unfortunate event. Accidents happen every day.

In fact, the OP's story reminds me of something that happened a couple of months ago to my own family. My younger brother was in the hospital getting prepped for cardiac surgery. His wife was under a great deal of stress and fainted. She smashed her head on the floor, which resulted in a subdural hematoma. Shortly thereafter, she was immediately rushed into the ER of that same hospital because the internal bleeding in her brain was so pronounced, it was on the verge of "coning" (pushing her brain down into the base of her skull, thus effectively killing her).

The hospital provided her with an amazing level of care, kept her as an inpatient for almost two weeks, and then admitted her to the neighboring rehab hospital for another week and a half.

And we still had to pay the co-pay. There was no offer of free medical care or anything else.

My brother didn't sue. Her mother didn't sue. No one in both our families sued, yet her injury was far more traumatic than the OP's poor son. And for the record, if his son did indeed fall and "cracked his head wide open", the doctor would not have released that poor kid and told the parents to simply "keep on eye on him." I don't doubt the accident happened, but not to the severity that he indicated. The poor little guy slipped and fell, cut his head on the ground as most of us tend to do. His having been rushed to the hospital was to insure that nothing more serious occurred which is standard SOP for head injuries.

Although location is quite different, the scenario is quite the same. The very idea of suing is something that never occurred to anyone with us.

It was an accident and nothing more.

Thank God, like the OP, our own family has a happy ending to the story.

I'm sorry, I don't see how your story of the woman fainting compares to a wet, slippery floor. :confused: I bet if the the hospital had a wet floor the woman slipped on and got hurt from- the story would be very different. But fainting? Why would she sue? or your brother? Her mother? I don't see how the hospital was at any fault your sister in law fainted and got hurt.

When someone is in a car accident, the person at fault - their ins. company pays for damages for the car and person/ sometimes pain and suffering/ and medical bills. I see no difference here. Disney is at fault for a wet floor/slippery floor... they should pay for medical and pain and suffering. :confused:

If not the very least, the medical bills and to make up for the lost days of their vacation. That's not asking tooooo much.

Of course, we're all happy the son is NOT hurt for life and accidents happen... but when someone slips in a grocery store- how many times does that person walk away with a lot of $$$$?? For land sakes, people spill hot coffee on themselves and get rich!
This OP isn't asking for a lot... just a discount for a future trip- they lost out on a few days, that's NOT asking for the moon!

dizneydiva2005
10-15-2008, 08:48 AM
How did "wanting or asking for a discount due to lost time of last vacation" turn into a lawsuit against Disney? The OP never referred to that in any way. DISCOUNT people, DISCOUNT!
And again, DVC is not a frequent visitor's program. It is a timeshare type program with some discounts and perks.

Thank you!!!! Simple and to the point! :yay:

ols386
10-15-2008, 08:51 AM
I don't think anyone said DVC is a reward for being a frequent visitor. Just that DVC is a frequent visitor program. DVC members get dining discounts, discounts on annual passes, free valet parking at DVC resorts all for the measly sum of $20K up, not including annual member fees.
You said in your post #12 that 'Disney already has a frequent visitor program' (DVC). I thought you were making that statement in reference to the OP's statment that 'Disney does not reward frequent visitors'.

andymattmom
10-15-2008, 09:06 AM
OP I am sorry about the accident and it is good your son is ok. It does sound like Disney went out of the way to make sure you were all taken care of. I agree with some of the other posts about other adults taking the remaining kids to the park and all of you not losing days. To bring it up 3 months later and ask for a discount on your future trip seems like you aren't thankful for what they did.

Be thankful your child is healthy and o.k. Be thankful you are able to go to Disney again and enjoy time with your family. Go enjoy the trip and maybe there will be "pixie dust" on you for an upgrade but if you want opinions I wouldn't ask.

ElizabethB
10-15-2008, 10:46 AM
This turned into a thread about suing because if you ask Disney for something of monetary value (room discount, free meal, etc.) BECAUSE your son was hurt by a slippery floor, then giving you that freebie/discount/whatever, could amount to an admission of liability. A corporation, naturally, is reluctant to do that. Granting such a request simply cannot be done without contacting legal and WDW's insurer.

I had said -- and I still believe it -- if you ask for a discount, upgrade, whatever and you say it's because you love Disney, it's your anniversary, it's a child's birthday, etc., you may get it, you may not, but the CM granting it doesn't have to worry about being the source of an admission of liability.

If, however, you ask for the benefit BECAUSE your child suffered a bad head injury when he slipped on a slippery floor that had not been attended to, and your vacation was ruined and your other children suffered because they didn't get to go to the parks, etc., the CM has no choice but to say no and refer you to legal and Disney's insurer.

I said before and I'll say it again, if the OP wants something of monetary value for the injury, pain and suffering, ruined vacation, etc., the OP needs to get an attorney. Perhaps she can't find one willing to take on Disney, but there must be attorneys in Orlando who do it regularly -- unless Disney has every personal injury attorney in Orlando on retainer already. That I wouldn't know.

If the OP wants a signed photo of Mickey, she'll probably get it if she explains what happened. If she wants something of any monetary value, I don't think she'll get it.

RickinNYC
10-15-2008, 12:02 PM
I'm sorry, I don't see how your story of the woman fainting compares to a wet, slippery floor.


Of course, we're all happy the son is NOT hurt for life and accidents happen... but when someone slips in a grocery store- how many times does that person walk away with a lot of $$$$?? For land sakes, people spill hot coffee on themselves and get rich!
This OP isn't asking for a lot... just a discount for a future trip- they lost out on a few days, that's NOT asking for the moon!

Read my post that followed the one you quoted for explanation. And by the way, a few doctors in that hospital had said that she potentially had a case as a result of the nurses' actions. :confused3 Everyone involved (brother, his wife, etc...) thinks thats a pantload, however, and have simply moved on from the situation.

As for asking for a discount, no it's not a lot. But it's STILL a settlement nonetheless and others will see it as such. As they say, you give them an inch...

And to the OP, my posts aren't directed at you by any stretch, you didn't say you'd sue. Its to those that feels Disney as a corporation should compensate anyone for an accident. I personally feel any request for compensation is an unreasonable expectation and another example of the litigious society in which we live.

ExPirateShopGirl
10-15-2008, 12:08 PM
Let's remember for 2 seconds that the gross and fine motor skills of 20 month old children are hardly fully developed. They fall down all the time at that age. Kids run around and pull away from parents even if they are holding hands. If you recall, the concrete throughout most of the animal kingdom is textured not only for theming, but to reduce the chance that people will slip when there's moisture from frequent rain and occasional spills. Disney also keeps meticulous records with regard to the scheduling and areas of responsibility of janitorial personnel.

All that being said... just because a person slips and falls doesn't necessarily translate to negligence on the part of the property owner. Things happen.

Frankly, I'd be happy that Disney paid the medical bills and the costs were not billed to my own insurer. Every claim today adds up to higher premiums later, even in group plans. As far as subrogation goes, once your insurance company is informed that the claim is denied, I have never seen them pursue it further. They just need the denial on record to justify payment.

The best news of all is... not one of those kids will remember what happened as long as the adults in the OP's family don't keep mentioning it to them. If only things were as easy for adults!

:goodvibes

Elmo888
10-15-2008, 12:26 PM
Let's remember for 2 seconds that the gross and fine motor skills of 20 month old children are hardly fully developed. They fall down all the time at that age.

This is what I was thinking as I read through this thread. I can't believe that no one mentioned this point until page 5...great point ExPirateShopGirl!

CoachBagFanatic
10-15-2008, 01:26 PM
Let's remember for 2 seconds that the gross and fine motor skills of 20 month old children are hardly fully developed. They fall down all the time at that age. Kids run around and pull away from parents even if they are holding hands. If you recall, the concrete throughout most of the animal kingdom is textured not only for theming, but to reduce the chance that people will slip when there's moisture from frequent rain and occasional spills. Disney also keeps meticulous records with regard to the scheduling and areas of responsibility of janitorial personnel.

All that being said... just because a person slips and falls doesn't necessarily translate to negligence on the part of the property owner. Things happen.

Frankly, I'd be happy that Disney paid the medical bills and the costs were not billed to my own insurer. Every claim today adds up to higher premiums later, even in group plans. As far as subrogation goes, once your insurance company is informed that the claim is denied, I have never seen them pursue it further. They just need the denial on record to justify payment.

The best news of all is... not one of those kids will remember what happened as long as the adults in the OP's family don't keep mentioning it to them. If only things were as easy for adults!

:goodvibes

:thumbsup2 You are spot on. :thumbsup2

OP I am truly sorry that this has happend to your son and hope that he is well. However, as a parent we are inconvenienced every day of our lives. Whether it be on vacation, at home, running to practice, etc. I do belive that Disney has done their share and I am sure that you are very thankful for that. Trust me I have had my share of medical expenses with our DS12.

CoachBagFanatic
10-15-2008, 01:27 PM
Speaking of the OP where did he go?:confused3

dizneydiva2005
10-15-2008, 06:34 PM
Speaking of the OP where did he go?:confused3

They're in Disney World enjoying a great discount Disney gave them!! :lmao:

CoachBagFanatic
10-15-2008, 08:22 PM
They're in Disney World enjoying a great discount Disney gave them!! :lmao:

:lmao: :rotfl: :lmao:

EnnEss
10-16-2008, 03:38 AM
When someone is in a car accident, the person at fault - their ins. company pays for damages for the car and person/ sometimes pain and suffering/ and medical bills. I see no difference here. Disney is at fault for a wet floor/slippery floor... they should pay for medical and pain and suffering. :confused:

If not the very least, the medical bills and to make up for the lost days of their vacation. That's not asking tooooo much.

Of course, we're all happy the son is NOT hurt for life and accidents happen... but when someone slips in a grocery store- how many times does that person walk away with a lot of $$$$?? For land sakes, people spill hot coffee on themselves and get rich!
This OP isn't asking for a lot... just a discount for a future trip- they lost out on a few days, that's NOT asking for the moon!


So, because it happens, its correct, I gather from your post. And then everyone should try and grab whatever they can? Good idea. Do you apply this to other things, like someone who robs a convenience store and gets away with it? Maybe everyone should do it.

It is asking too much, american society asks for too much monetary compensation all the time, its disgusting. Get over it, its an accident. Its interesting to see play grounds and such in europe, even paris disney, and how different they are because there arent all these ridiculous laws allowing for endless lawsuits. There was an article recently about it. Personal responsibilty is actually a concept with some meaning there and its noticeable literally everywhere. I personally greatly enjoyed the playgrounds here when I was young, now they are gone, replaced with the safest possible structure

1)Look, the floor is wet,
2) maybe I should be careful and watch out for others that im with that arent capable of making that judgement.
3)Oh, they fell
4)but are ok and there was no cost suffered by me,
5) I guess I should sue now or ask for some monetary compensation.

I have no idea how 1 + 2 + 3 + 4 lead to 5. Its a sad commentary that it does for so many people. How many people get in a car accident and view at as a mini lottery instead of moving on with their lives. This is similar. We take risks when we go outside, if something happens it shouldnt mean you get money, particularly if there is no loss of income or out of pocket expense as is the case here.

vbarry
10-16-2008, 05:45 AM
Exactly! Slip and fall cases are extremly difficult to prove and win under Florida case law. Furthermore, I think a court would look at the actions took after the accident -providing appropriate and immediate medical care, and making sure the medical bill was paid. If you were looking for free passes, or a discount on the room, I would have brought it up during the time of the accident, and not after the fact. Ultimately, Disney is a business, and I think will not offer more compensation than they feel is necessary or maybe what they feel they can "get away with."

At this point, the trauma your family incurred is just another blip on the screen, an incident report stuck in a filing cabinet somewhere, buried with countless others. I think you need to be satisfied that your son received proper treatment, there wasn't (hopefully) any lasting trauma, and that no medical bills were incurred. Chalk it up to a random, unfortunate event that could have happened to anyone, and move on.


Totally agree. I am an insurance adjuster and the above is totally true. If you feel that Disney is negligent in any way contact them so they can set up a claim with their insurance carrier.

I would really frown on any of our insured's for giving any type of compensation if they are not at fault other than helping the person by getting them quick and adequate medical treatment.

I feel Disney took care of this as best as they could. If you feel they are negligent contact them so it can be handled the appropriate way. Repeat customer or not...they cannot go around giving discounts for people getting injured on their property regardless of fault. It needs to be handled in the correct manner and that is through the insurance company. Many people do not understand the ramifications if they would start giving away discounts to every person that falls on their property.

I am not sure who insures WDW but I would bet they have several slip and falls on a daily basis.

I am sorry your son got hurt and I hope he is getting better. I did not mean to sound like a heartless insurance person but WDW (even though the most magical place on earth) is a business and they have to handle these type of things in a business manner.:)

tgropp
10-16-2008, 05:55 AM
Yes, I would never consider suing. And the other adults did take the other kids to the park, but it did put a real damper on the last couple of days. Also, I give excellent kudos to Disney, for taking care of the medical issues and there very prompt service. Thats why we keep coming back! but, a small discount on my next visit, which I will be spending 2 or 3 grand, would be nice. I was just curious what the general public had to say. I think a frequent visitor plan would be nice to for all of us.

Yes, it was an inconvenience for you and it also afffected your plans. I would write to Disney and explained what had happened, thank them for their help and then explain how it interrupted your vacation and they may give you a room discount or something. If not, well you tried

mytwinklestar
10-16-2008, 08:05 AM
The good suffer for the bad. This is a lesson we learn as youngsters and as adults, we are reminded frequently. That being said, I feel the OP is within his rights to ask for a discount. Honestly, we all look for discounts when we visit. We come to the Disboards in search of any offered discounts/specials. There are threads that are years old discussing this very topic. Why is it so offensive to people that the OP felt that his vacation joy was dampened by his child's injury and wishes to ask Disney for a discount due to the circumstances? If there is a current PIN/AP rate/AAA discount/Disney Visa rate - what would it hurt for Disney to apply this discount to the OPs reservation? OP stated that he was NOT interested in suing Disney but simply hoped for a possible 10% discounted room rate. I see no harm in asking. All they can say is no. I wish OP nothing but the best. Ask and then let us know the response.

ols386
10-16-2008, 08:14 AM
The good suffer for the bad. This is a lesson we learn as youngsters and as adults, we are reminded frequently. That being said, I feel the OP is within his rights to ask for a discount. Honestly, we all look for discounts when we visit. We come to the Disboards in search of any offered discounts/specials. There are threads that are years old discussing this very topic. Why is it so offensive to people that the OP felt that his vacation joy was dampened by his child's injury and wishes to ask Disney for a discount due to the circumstances? If there is a current PIN/AP rate/AAA discount/Disney Visa rate - what would it hurt for Disney to apply this discount to the OPs reservation? OP stated that he was NOT interested in suing Disney but simply hoped for a possible 10% discounted room rate. I see no harm in asking. All they can say is no. I wish OP nothing but the best. Ask and then let us know the response.
I'm not sure what you mean by "the good suffer for the bad". I don't see anything wrong with the OP explaining to Disney what happened, and "asking" for a discount....you're right, all they can do is say no. But I do think that Disney handled the situation the right way when the little boy fell and was injured....they reacted very quickly and provided the medical attention he needed, and paid for it.

mytwinklestar
10-16-2008, 08:57 AM
I'm not sure what you mean by "the good suffer for the bad". I don't see anything wrong with the OP explaining to Disney what happened, and "asking" for a discount....you're right, all they can do is say no. But I do think that Disney handled the situation the right way when the little boy fell and was injured....they reacted very quickly and provided the medical attention he needed, and paid for it.

What I meant was that people can be "sue happy". I did not get that from the OP at all. People who have sued for the sake of monetary gain when their claims were not legitimate cause all of us injury. Most of our country has limited liability claims to $100,000.00 for a child's life lost if that child was not of wage-earning age. It doesn't matter the cause or circumstance of the wrongful death. This limit was created because the courts believe juries to be emotionally responsive in their previous awards to claims for families that have lost a child due to wrongful death. Some of the responses are passionately opposed to the OP. That, IMHO, is because we have grown intolerant of people filing frivolous lawsuits at every turn. Again, I didn't get that impression at all from the OP. I am in agreement with you. I see NOTHING wrong with the OP asking for a discount. I don't believe this is unreasonable. Yes, Disney responded in a responsible manner by their immediate actions. If OP had said, "Disney 'owes' me", that would be different. He said nothing of the sort. I mean no offense to anyone but was attempting to be supportive of the OP. Disney offers discounts frequently and in many different ways. If the OP were to receive such a benefit due to his circumstances, I would be happy for his family and not offended in the least.

kileybeth
10-16-2008, 10:08 AM
Remembering the first time I saw a head wound bleed! Someone should really prepare parents for that sight! It usually looks far worse than it is and causes quite a stir if others are around. The OP did state that when finally fully evaluated, his 20 month old was given a few stiches and released. So I know he is very thankful what could have been severe turned out to be minor medically speaking. It is tough to lose out on a day or two of Disney fun when you are already there and it is paid for but things happen. I would go ahead and write that thank you note to Disney for all they did to make the accident less tramatic and less of a financial burden and express your sadness for lossing a couple days of vacation time for you and your son but let Disney decide if that warrants a discount/compensation. They just might appreciate the kind words more than the hey, I got hurt, you gotta pay me kind of note. (not that OP would say it that way). just my 2cents.

Saying all that as a parent who has had a pretty bad fall on a Disney ramp with a head injury, also a 2yr old taken to Celebration hospital in an ambulance from MK with a seizure and yet another child who became so ill while eating Disney food (probably flu bug tho) we missed our last day of touring. We paid our own hospital ER bill, never received any compensation (nor did we ask) and accepted the kind words of the CM's as I struggled to get up and walk away after my fall (ended up with a severe head ache all night and next day from that one). I am thankful it all happened at Disney to be honest and not the local mall or amusement park!

racefanof88
10-16-2008, 10:25 AM
I have to add my .02. Two years ago I took my 2 sons on a bowling trip. Bowling is something I have done for many, many years. The bowling alley had just waxed the lanes so they were slippery to say the least. As I went to throw the ball I slipped down and landed on my knees, putting my hands down to catch my fall. Well, when I stood up I rubbed my left knee with my right hand as me knee was hurting. As I did so I noticed my right thumb felt really funny. I reached over with my left hand and was able to bend my right thumb all the way back to my wrist. At this point I thought it was broken.........nope, I had ripped all the ligiments and nerves away from my thumb. I had to have extensive surgery to basically re-attach my thumb. Now, that being said I NEVER, not once thought the bowling alley owed me anything. My insurance paid for everything. I missed 6 weeks work because I am a nurse and have to have both hands to work. I was asked by someone if I was going to sue the bowling alley? My response was "I don't want to give up 5+ years of my life going through all that, only to have to pay the majority of it to the lawyer and repay my insurance company".

I hate that the OP's son was injured it was a terrible thing. I am glad he is better now. But, to go back and ask for something now, in my opinion, would be tacky.

ols386
10-16-2008, 10:43 AM
What I meant was that people can be "sue happy". I did not get that from the OP at all. People who have sued for the sake of monetary gain when their claims were not legitimate cause all of us injury. Most of our country has limited liability claims to $100,000.00 for a child's life lost if that child was not of wage-earning age. It doesn't matter the cause or circumstance of the wrongful death. This limit was created because the courts believe juries to be emotionally responsive in their previous awards to claims for families that have lost a child due to wrongful death. Some of the responses are passionately opposed to the OP. That, IMHO, is because we have grown intolerant of people filing frivolous lawsuits at every turn. Again, I didn't get that impression at all from the OP. I am in agreement with you. I see NOTHING wrong with the OP asking for a discount. I don't believe this is unreasonable. Yes, Disney responded in a responsible manner by their immediate actions. If OP had said, "Disney 'owes' me", that would be different. He said nothing of the sort. I mean no offense to anyone but was attempting to be supportive of the OP. Disney offers discounts frequently and in many different ways. If the OP were to receive such a benefit due to his circumstances, I would be happy for his family and not offended in the least.
Oh, ok....I had never heard that expression before. Was curious what it meant. Thanks.

safetymom
10-16-2008, 10:47 AM
I think this thread has about run its course. This is no longer about resort planning.

mytwinklestar
10-16-2008, 11:10 AM
"Saying all that as a parent who has had a pretty bad fall on a Disney ramp with a head injury, also a 2yr old taken to Celebration hospital in an ambulance from MK with a seizure and yet another child who became so ill while eating Disney food (probably flu bug tho) we missed our last day of touring. We paid our own hospital ER bill, never received any compensation (nor did we ask) and accepted the kind words of the CM's as I struggled to get up and walk away after my fall (ended up with a severe head ache all night and next day from that one). I am thankful it all happened at Disney to be honest and not the local mall or amusement park!"
__________________

We had a very similar experience with our son who was 5 in 2003. He had a seizure and we had to call 911 from Pop Century. He was taken to the hospital in Celebration, as well. They were great with him. They also explained that seizures are very common with young children visiting Disney. They explained that it was often caused by too much stimulation, exertion, and lack of sleep. Thank God that he has never had another seizure but that was such a frightening experience! The ambulance could only transport our son and my husband. A kind CM - who was VERY pregnant - drove me to the hospital behind the ambulance. Disney had no liability or responsibility but they were great about getting me to the hospital immediately. I appreciate your idea about OP sending a thank you note for their response. Again, IMHO, the OP is not being unreasonable. I pray your family is well and that you never have to endure such frightening experiences again at Disney. OP, I hope you will let us know the end result.