Disneyland gets sued for $8,000

Discussion in 'Disney Rumors and News' started by CtinaDitty, Mar 27, 2013.

  1. CtinaDitty

    CtinaDitty Disney Fanatic

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    Here's the story below:

    http://news.yahoo.com/man-wins-8k-disney-small-124355431.html

    I'm sorry, but after reading this story it really upsets me that these people sued Disneyland for something like that. I've been stuck on Splash Mountain at WDW for 45 minutes with the music playing and everyone was fine. I know this man has a history of panic attacks and such but if that's the case, then why ride the rides?

    I know Disney would have tried their best to make everyone comfortable, especially after finding out there was someone handicapped on board. Things like this just make me mad when you have a company as good as Disney when it comes to customer service.
     
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  3. disney-dreams

    disney-dreams proudly earning my ears

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    This story also disappoints me.

    I understand that being stuck on a ride is an inconveniece, to say the least, but Disney does do everything they can to accomodate their guests. Remember, safety is their top priority, so you are not allowed to disembark any ride until they determine that it is SAFE to do so.

    My daughters, one with an autism spectrum disorder and one with epilepsy, were stuck on Rockin Roller Coaster this last June for over 45 minutes. They were with my husband on the ride so I wasn't too worried. I was waiting in the Aerosmith store (where you disembark the ride) and figured something 'happened' after they didn't show up. It was obvious something was wrong because people just stopped coming off of the ride. The only thing I didn't like was that I couldn't find out what was going on for quite sometime and I wasn't sure they were even on the ride. Everything ended fine, however, and they thought it was awesome that they got to see the tracks of the roller coaster... said they were so close to eachother that it kinda freaked them out!

    Now, if I had a preference, IASW would not be a ride I would choose to be stuck on, hence the song playing over and over again :rolleyes1. I wonder, however, if the music was turned off after a time because I can't imagine that they would let it just keep running and running.

    Rides sometimes malfunction; I have been stuck on quite a few myself and although inconvenient, really not worth suing!
     
  4. Kristibo42

    Kristibo42 DIS Veteran

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    We got stuck on Splash Mountain. They were at our car within minutes to help get my autistic niece off. They had remembered when putting her on how nervous she was. We told them to help my sister, niece, and another sister(so she could help with her) off. The rest of us stayed on until they fixed it. We had fun we were getting everyone around us to sing and we were doing Disney trivia. You have to make the best of it. Things happen. When we finally got off about 1/2 hour later. They had my 2 sisters and niece waiting and gave all of us ice cream and fast passes to any rides we wanted. there were about 12 people in out group. Disney is the best. We have been stuck on several rides. No big deal.
     
  5. SingWithFlowers

    SingWithFlowers Mouseketeer

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    I don't like this. I'm afraid Disney won't want to accommodate people with disabilities as much.
     
  6. Lewisc

    Lewisc <a href="http://www.wdwinfo.com/dis-sponsor/index.

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    People shouldn't rely on DIS or Yahoo for news.
    The plaintiff didn't sue for 8 k. The case went to trial. The judge found Disney guilty and awarded 8k. It was a non-jury trial. Half was ADA related due to issues regarding wheelchair access to the first aid station. Disney corrected that issue before the trial.

    Was this a plaintiff looking to make a few bucks. Maybe. Was this a plaintiff who discovered Disney didn't properly follow ADA rules regarding the first aid station and used that to make a few bucks? Maybe. Is Disney a big enough company to have lawyers competent enough to read ADA rules and correctly follow them, to the inch if necessary? Absolutely. Would the "issues" with It's a Small World been enough to sustain the case if the plaintiff didn't have the ADA issue? I don't know.

    I suspect Disney spent more in legal fees then the 8K verdict.

    edited to add What dissapointed me are the posters, particularly the OP, who defended Disney without bothering to read the complete facts. A judge fined Disney 4K for not properly following ADA requirements. Sorry but Disney doesn't have an excuse.
     
  7. PACVII

    PACVII Future former Disney employee

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    I got stuck on space mountain for about 20 minutes. Right on the lift hill at the start of the ride. After about five minute my neck was hurting cause no head rest. They turned on all the lights and told us about how much time it was going to take over the PA system. They asked if we are all okay or wanted off. We just waited. Then we got to ride with all the lights on. Kind of cool. When we got to the end they asked if we wanted to ride again and had us go up one of the ride exit ramps and get right back on. When we got off the second time they gave us a fast pass for what ever ride we wanted for the park.
     
  8. disney-dreams

    disney-dreams proudly earning my ears

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    I am not saying that Disney does not have some fault in the matter, just that guests need to understand that there are some risks you take, everyone takes, when you get on a ride at any theme park.

    It doesn't appear to me that the case involved the plantiff being denied access in regard to ADA regulations to the first aid station, but in regard to the fact that Disney was unable to get him off the ride when other guest were allowed off. Yes, that can be considered a violation of ADA regulations if it's determined that Disney didn't make enough effort to get this man off the ride, but if they deemed it was unsafe to do so at the current location the boat was stuck, you can also understand Disneys position on safety (OSHA regulations come in to play as well). It appears that Disney was basically faulted for not posting that the ride could get stuck and guests with disabilites might be limited in being able to get off... such as the warnings with back problems, neck problems, pregnancy, etc. Disney can not stop you from riding and ride in the park, but it is their responsibility to warn you of possible scenarios that you might want to avoid. If Disney had something posted that referred specifically to disabled guests, there might not have been grounds for the suit.

    I don't know if there are currently any specific 'disability warnings' signs in the Disney parks, or at least there are not any that I am aware of. My daughter's are both disabled, as I mentioned earlier, and I have to know BEFORE my daughter with Epilepsy gets on a ride if there is something on the ride that could trigger a seizure because that is not posted outside the ride as a 'warning' and everyones seizure disorders are different. It would be difficult to post a warning for every diability for every ride. We all assume some risk, disabled or not, when we get on a ride at any theme park.

    Regarding getting news from Yahoo and Disboards, most national 'news' comes from the same place, the Associated Press, as cited in several of the news stories posted on the internet about this lawsuit (you can only access AP if you work for a media entity). So to discount one news source, such as Yahoo, as being less 'newsworthy' than another is not factual, and I doubt you will find any press release on this matter from Disney. The media only tells you what they want you to know anyway, I should know, I've worked in the broadcasting industry for over 20 years now and there are a lot of untold stories and half truths out there. You're right in stating that you should find the facts out for yourself, but even then you have to wonder if the 'facts' are really the 'facts'. Most news stories about this incident state the same thing... the man was stuck on the ride for 30-40 minutes, others got off the ride but the location of his 'chair' on the ride/boat made it difficult for Disney employees to get him off, he suffered from Dysreflexia (which can be life threatening), and felt that not everything was done that could have been done to help him. Wether the music was playing the whole time is still debatable; it may just be assumed since that would annoy anyone! I could not find any info. about 'wheelchair access to the firstaid station' as you mentioned. Having a child in a wheelchair in the parks, I know that the firstaid stations are all ADA accessable.

    Check this link: http://www.usatoday.com/story/news/nation/2013/03/27/disney-small-world-ride/2025273/
     
  9. DRDISNEYMD

    DRDISNEYMD *+*+*+*+*+*+*+*+*+*+* *+*~The Snow Queen~*+* ~A gi

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    ~OMG... This poor guy had to listen to It's A Small World for thirty minutes, he deserves a billion dollars for having endured such inhumane treatment!!! :(
     
  10. lockedoutlogic

    lockedoutlogic DIS Veteran

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    I would agree with you...except it would be against federal law to change policy to do so
     
  11. MaxsDad

    MaxsDad DIS Veteran

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    Not sure if that link has all the details this one has more:
    http://******************/article/i...isabled-man-awarded-8k-after-disney-breakdown

    In that article it says the ride was evacuated but they left him on because he was in a wheelchair. I read that and I think wow, if that is the case Disney definitely messed up.

    This article however makes no mention of the evacuation of the ride:
    http://www.cbsnews.com/8301-201_162-57576465/man-wins-$8k-after-disney-small-world-breakdown/

    So who knows. I would probably be pretty mad as well if the entire ride was evacuated and I was stuck on it because they didn't call the fire department to get me out. If that part is true.
    8K doesn't sound like a frivolous law suit to me, but I ain't a lawyer, but I did stay in a holiday inn express last night.
     
  12. jennyst

    jennyst Earning My Ears

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    ouchh!
     
  13. luvmy3

    luvmy3 <font color=green>When I drink I find its easier t

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    I'll defend Disney before I defend a man involved in 41 lawsuits, that is for sure.
     
  14. glamdring269

    glamdring269 Mouseketeer

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    That is some level of torture though for real. Maybe a free dinner at least. ;)
     
  15. Tonka's Skipper

    Tonka's Skipper DIS Veteran

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    :thumbsup2:thumbsup2:thumbsup2

    It should also be taken into account that his suit was for much much more,like well into 6 figures. The Judge tossed out all of it, but these two minor items. The ADA issue is likely plain wrong!


    AKK
     
  16. Lewisc

    Lewisc <a href="http://www.wdwinfo.com/dis-sponsor/index.

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    Most of the stories like to, in fun, imply the verdict was compensation for listening to the song for more then 30 minutes.

    Sounds like Disney evacuated everyone except for the person in the wheelchair. Sounds like Disney could, and should, have called the fire department for assistance. Leave one person on the ride until they can fix it. How long is reasonable. 30 minutes? 1 hour? 2 hours? Judge thought it was worth $4,000. Doesn't sound outrageous enough to second guess the person who had all the facts.

    I can't find the first article I read. This one gives some details regarding the ADA violation ($4,000 of the verdict).

    Brown is Disney spokesperson Suzi Brown and Geffen is David Geffin plaintiff's attorney.

    http://www.nbclosangeles.com/news/l...ll-World-Disabled-Man-Stranded-200166831.html

    I don't know how many inches the counter was off Disney should have people who know the regulations and know how to use a tape measure. Something is wrong with Disney if it takes a lawsuit before they'll follow the regulations.

    Not sure why posters are saying the ADA is wrong. Disney is saying they corrected the issue. Sounds like Disney didn't dispute the ADA violation.
     
  17. Cheshire Figment

    Cheshire Figment <font color=red><marquee behavior=alternate>Friend

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    1. He did not sue Disney for $8,000. He sued for a lot more.

    2. The $8,000 is all the Judge allowed.

    3. Disney will probably appeal anyway.
     
  18. manning

    manning <font color=blue>Just for that I have requested it

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    Disney more than likely was happy to pay. It blocks the man from filing again. Our company would settle for a much lessor amount than fight. They found out if the case was thrown out the plaintiff would turn around and sue again. It cost more to contest than to settle. One department was always being sued for discrimination. The boss was very good at documenting the firings. No way the plaintiff could win. Our lawyer and their's would sit down, they were shown the documentation and offer a $5,000 settlement. Nine times out of ten the plaintiff's lawyer would advise them to take the offer.
     
  19. bayla89

    bayla89 Huge Geek

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    I was stuck on the monorail and Buzz Lightyear before, but only for about five minutes.
     

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