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Old 02-08-2011, 10:34 PM   #1
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Disneyland Being Sued for not Evacuating a Disabled Guest from IASW

Looks like this man might have a case. He was stuck on IASW for 40 minutes and they were not able to evacuate him as he is in a wheelchair. I'd be interested to hear Disney's side, but they did not comment.

http://www.care2.com/causes/civil-ri...ll-world-ride/
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Old 02-09-2011, 01:49 AM   #2
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How does he have a case? What damages did he suffer beyond slight inconvenience?

These people deserve public ridicule for such frivolous lawsuits and we need a loser pays system in this country. Ill bet disney deals with hundreds of such baseless lawsuits each year...and you wonder why ticket prices are so high!
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Old 02-09-2011, 07:26 AM   #3
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I'm not so sure either...this happened in 2009....and he is just NOW filing a lawsuit? I would think if he claim was valid, that something would have been done a long time before this.

I agree with the nonsense lawsuits....there's way too many of them....
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Old 02-09-2011, 07:44 AM   #4
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I saw this story on our local news this morning. It must have been passed along the AP Wire making it more of a national story.
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Old 02-09-2011, 08:45 AM   #5
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Cherinva, the article doesn't say WHEN in 2009, but 2 years isn't an unreasonable time to file a lawsuit, if it was 2 years. If the incident happened in December 2009, we're only talking about a year. The case was probably under investigation for some time before the suit was filed.

I can't comment on the merits, obviously, but dysreflexia is very scary, and life threatening.
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Old 02-09-2011, 08:55 AM   #6
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I see by the ad on the side of the website cited that I could order my Disney trip planning video while reading about a guy suing Disney.

Honestly, 40 minutes is not that long of a time. What does he do when they get caught in LA traffic for much longer periods? Who do you sue then? And if you can't go for more than 40 minutes in one spot then doesn't simply going anywhere become a possibly life threatening situation?
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Old 02-09-2011, 09:05 AM   #7
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I understand the frustration but I too want to know what actual damages the guest suffered. It doesn't appear that he was any worse off after the incident than before, other than a lost 40 minutes.

If anything it shines a light on Disney needing to improve their procedure for evacuating the ride but that, in my opinion, doesn't mean the guest is owed anything.

We'll see how it pans out but I smell settlement.
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Old 02-09-2011, 09:48 AM   #8
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I didn't mean that I think Disney should write this guy a million dollar check, I just meant that maybe his case might not get thrown out from the get go.

Obviously we don't know anything close to the whole story, but I think an issue will be made out of whether Disney has procedures in place to evacuate disabled guests from IASW. I would imagine that they do. I'm curious as to when they put them into action. 40 minutes isn't very long, but what if the ride was down for hours?
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Old 02-09-2011, 09:52 AM   #9
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It wasn't.

And I agree--nothing actually happened to the man.

Sounds like yet another $$$$$$$$$ matter.
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Old 02-09-2011, 09:53 AM   #10
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Quote:
Originally Posted by Uncleromulus View Post
It wasn't.

And I agree--nothing actually happened to the man.

Sounds like yet another $$$$$$$$$ matter.
Did you READ the article? The man suffered a life threatening injury.
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Old 02-09-2011, 10:06 AM   #11
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Quote:
Originally Posted by roomthreeseventeen View Post
Did you READ the article? The man suffered a life threatening injury.
The website is blocked here at work, so I can't read the article. What was the life-threatening injury?

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Old 02-09-2011, 10:07 AM   #12
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Quote:
Originally Posted by sayhello View Post
The website is blocked here at work, so I can't read the article. What was the life-threatening injury?

Sayhello
In the 40 minutes stranded on the ride, Martinez suffered from dysreflexia, a condition experienced by those with spinal cord injuries caused by stress and overstimulation. Dysreflexia can lead to a stroke or death.
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Old 02-09-2011, 10:14 AM   #13
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Quote:
Originally Posted by sayhello View Post
The website is blocked here at work, so I can't read the article. What was the life-threatening injury?

Sayhello
Below is a section of the article.....I don't know what Dysreflexia is.

===========Quote=========
Disney cast members helped Martinez onto the ride, but told him they couldn’t help him out from where the ride stopped.

“No one came to us, which I felt was another potential deadly situation,” Martinez said. “I told my wife, I said,’ they want us to roll to first aid? I don’t think we’re gonna make it.’”

In the 40 minutes stranded on the ride, Martinez suffered from dysreflexia, a condition experienced by those with spinal cord injuries caused by stress and overstimulation. Dysreflexia can lead to a stroke or death.

The Disability Rights Legal Center is representing Martinez, accusing Disneyland of violating federal and state laws and being unable to evacuate disabled guests in the event of an emergency. The lawsuit is seeking policy changes and unspecified damages.

Martinez says his lawsuit is about making sure theme parks are accessible to the disabled.
===================================
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Old 02-09-2011, 10:32 AM   #14
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Quote:
Originally Posted by roomthreeseventeen View Post
In the 40 minutes stranded on the ride, Martinez suffered from dysreflexia, a condition experienced by those with spinal cord injuries caused by stress and overstimulation. Dysreflexia can lead to a stroke or death.
Hence my point about getting stuck in LA traffic.

I am really sorry that Mr. Martinez has this condition, that's very sad. However maybe simply being outside at a place (DL or the surrounding area) that is known to have delays (heck, people get delayed for 40 minutes simply trying to get to the parking lots off Harbor Blvd.) is simply a bad idea to begin with given his condition?
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Old 02-09-2011, 10:35 AM   #15
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Quote:
Originally Posted by lugnut33 View Post
Hence my point about getting stuck in LA traffic.

I am really sorry that Mr. Martinez has this condition, that's very sad. However maybe simply being outside at a place (DL or the surrounding area) that is known to have delays (heck, people get delayed for 40 minutes simply trying to get to the parking lots off Harbor Blvd.) is simply a bad idea to begin with given his condition?
Well, the point of his lawsuit, I think, is that the American Disabilities Act has procedures in place to make sure he doesn’t get stuck anywhere for 40 minutes, and his claim is that Disney violated the law by not evacuating him sooner.
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