Family suing Disney

[flatline]

So what? That really doesn't tell you anything. Negligence could still be involved.

in what way?

 

[MJMcBride]

in what way?

People with pre-existing conditions don't necessarilt die from the condition alone negligence from a tortfeasor (in this case potentially Disney) could contribute to the condition or increase the risk of harm. Negligent design of the ride would be the most likely cause of action in this case although I have not seen the Complaint itself.

There is also the old egg shell head theory they teach at law school. You may commit negligence that ordinarily would not injure someone but this one individual has an "egg shell" head or is more suspectible to harm. The tortfeasor is still liable even if most people would not be harmed assuming there is negligence.

 

[WonderfulDreamer2]

in what way?

Yes, I'm curious about this too

 

[flatline]

People with pre-existing conditions don't necessarilt die from the condition alone negligence from a tortfeasor (in this case potentially Disney) could contribute to the condition or increase the risk of harm. Negligent design of the ride would be the most likely cause of action in this case although I have not seen the Complaint itself.

There is also the old egg shell head theory they teach at law school. You may commit negligence that ordinarily would not injure someone but this one individual has an "egg shell" head or is more suspectible to harm. The tortfeasor is still liable even if most people would not be harmed assuming there is negligence.

are there any precedents against a theme park you're familiar with?

 

[salmoneous]

My apologies. Normally, I don't fall for this kind of thing. My FIL sent it to us, so I accepted it.

You believed something because your FIL sent it to you?? You must have a different kind of FIL than I have Mine kinda reminds me of this guy:

Grampa: "We can't bust heads like we used to, but, we have our ways...One way is to tell stories that don't go anywhere. Like the time I had to take the ferry over to Morganville. I needed a new heel for m' shoe, so, I decided to take the ferry over to Morganville (which is what they called Shelbyville at the time). Now, the ferry over to Morganville cost a nickel. Now, in THOSE days, nickels had pictures of BUMBLE BEES on 'em! 'Gimme five bees for a quarter,' you'd say. So, I tied an onion to my belt (which was the style at the time). Now, we didn't have white onions, because of the war. All we had were those big, yellow ones..."

 

[poohandwendy]

nevermind...

 

[crazee4mickey]

Didn't read through all of the posts.....
I do feel extremely bad for the family's loss but find it difficult to rationalize why they are suing Disney especially with all of the warnings given

 

[Luv2Roam]

Am I surprised the family sued? No. What have they got to loose? If Disney was stated to be the blame, it would make them feel better about themselves making the decision to take their young son on the ride.
I hope Disney fights this one.
It will be interesting if details are released. I have heard a rumor, way back when, and it will be interesting to hear if there was a basis to it, or just a rumor. I never repeated it because I have no way of knowing if it was true or not.

And I have been told by a few that the same ride is at Kennedy Space Center. But never having been there, again I don't know if there is any truth behind what I have been told.

I feel for the family. I really do. The loss of a child is horrible.

 

[Charade]

People are always on these boards saying that although they have NO motion sickness problems, the ride gave them vertigo, made them sick, etc. This doesn't get said about any other ride.

.

That's not true. I've talked to many people who got queezy or had other reactions from TOT, RnRC, Space Mountain and even BTMR.

 

[Charade]

I'm not saying Disney set out to harm people. But they HAVE to know that a disproportionate number of people are getting sick on M:S. I don't know why or how, all I know is that Disney needs to quit it.

.

Disproportionate compared to what? There's no other ride like it in the world.

 

[Charade]

I did follow the instructions. I didn't have any of the conditions listed in the warnings. I have NO problems with motion sickness.

I did everything right. I got on the ride, I followed the instructions, I couldn't breathe. And I prayed to God to please not let me die on the ride, because I didn't want my son (next to me) to associate my death with M:S and WDW. I really thought I was going to die. (But I didn't!)

It wasn't my fault. It was the ride. Period.

It wasn't the rides fault either even if you followed the instructions and warnings. You discovered that your body is not suited for that ride. Period.

I've been on it twice. The first time I did experience dizziness (even though I'm aware that I have a mild case of vertigo, I thought I could handle it) and not really shortness of breath but I could feel the pressure on my chest/lungs. The second time I didn't experience either because I was prepared to counter the effects of the ride by making sure that I took a deep breath and kept my lungs full and I minimized the dizziness but keeping my eyes focused on the controls and not the tv screen.

 

[fgms]

I have read as much as I could, and I have to say Cool Beans- your story just doesn't seem legit. There I am saying it right out. If you were that bad off, why would you not get medical attention- you are that worried about possibly dying and yet you don't go to a doctor- come on let's get real- you say your are a nurse, but it sure doesn't sound like it from your information. Whether you fel it is the rides fault or not what does that matter if you are sick and need medical attention. Wouldn't you rather go to the doctor and have them say it came from the ride- at least then it would bring attention to the ride and perhaps prevent others from the same thing.

 

[John VN]

Am I surprised the family sued? No. What have they got to loose? If Disney was stated to be the blame, it would make them feel better about themselves making the decision to take their young son on the ride.
I hope Disney fights this one.
It will be interesting if details are released. I have heard a rumor, way back when, and it will be interesting to hear if there was a basis to it, or just a rumor. I never repeated it because I have no way of knowing if it was true or not.

And I have been told by a few that the same ride is at Kennedy Space Center. But never having been there, again I don't know if there is any truth behind what I have been told.

I feel for the family. I really do. The loss of a child is horrible.

There is a centrifuge experience at KSC but I did not go on it. Maybe I should have tried it and then I would have a personal comparison to my flights on MS. More intense G forces without the turbulence.

BTW, our at the time 6yo DGS has been on MS and loves it.

 

[lillygator]

Why MS? What is different there? (And that's why I want this to go to court. I really want to know WHAT happened to me.) If you understand G-forces and all that crap, maybe you can help?

Why on earth would you think that boy's death would tell you what happened to you on the ride? He has a preexisting heart condition. If you were/are so concerned with what happened to you why in the world wouldn't you have gone straight to the hospital?

 

[Laura]

I couldn't breathe. I don't know why that is so difficult for people to accept.

Probably because so many of us have been on the ride and had no ill effects. I have no motion sickness problems or anything wrong with me physically except some extra poundage. I was just fine on Mission:Space; didn't even feel dizzy getting off the ride. All I had felt were the G-forces and the weightlessness that the Imagineers wanted me to experience.

If every healthy rider felt what you did, that's a different story. But your experience isn't the norm.

 

[lindakmonty]

Thanks, I don't need an idiot report on hyperventilation. Nor did I hyperventilate.

Vetilation, pretty much, means "breathing." Hyper means "a lot" or "too much." Hypo means "low" or not enough, or too little.

OK, got that? Not hyperventilation not the problem. Hypoventilation was more the problem.

While you could easily cause hyperventilation by breathing a certain way, that wasn't my problem. I didn't do it to myself.

I couldn't breathe AND THEN started doing everything I could to get the air in.

I didn't have more air coming in than my bod could exchange, I didn't have enough air coming in.

I couldn't breathe. I don't know why that is so difficult for people to accept.

This sounds like problems my ex mil has...she has severe panic attacks and anxiety attacks. That is how she describes it...she can't get air in??? Just a thought. If I were experiencing problems like you've described, I would see a dr. and I wouldn't ride it again...but that's just me.

 

[Daxx]

Would someone please tell me why Disney is to blame for this kid having a heart condition and riding a ride that explicitly warned riders w/heart conditions to not ride?

And, whether or not the parents knew about the kid's heart condition, how is it Disney's fault that the kid died on the ride?

The parents, like thousands of others do on a daily basis, took the chance.

To the best of my knowledge, my child doesn't have any heart problems. If he died on a Disney ride due to an undetected medical condition, how is that Disney's fault!?

Originally Posted by Cool-Beans
People are always on these boards saying that although they have NO motion sickness problems, the ride gave them vertigo, made them sick, etc. This doesn't get said about any other ride.

Oh, give me a break. I feel this way after I get off of Dumbo, Astro Orbiter and the Teacups.

 

[Buckalew11]

Coolbeans, while I believe you, I think you should just stay off that ride. My mom can ride everything except RnR. Well, she rode it once and her face was beet red afterward and she said she could tell it messed with her BP. But I don't think you can say you'll find out what happened to you b this boy's death. His condition was a preexisting one. For all we know, it was his time to go and he could have been riding Dumbo and died. Yes, again, I feel terrible for his parents and family but still I can;t see them blaming his death on WDW.

 

[Cool-Beans]

Stupid server.

Double post.

 

[Cool-Beans]

I have read as much as I could, and I have to say Cool Beans- your story just doesn't seem legit. There I am saying it right out. If you were that bad off, why would you not get medical attention- you are that worried about possibly dying and yet you don't go to a doctor- come on let's get real- you say your are a nurse, but it sure doesn't sound like it from your information. Whether you fel it is the rides fault or not what does that matter if you are sick and need medical attention. Wouldn't you rather go to the doctor and have them say it came from the ride- at least then it would bring attention to the ride and perhaps prevent others from the same thing.

I'm a little confused. You don't think I'm a nurse, or you don't think I had trouble on the ride, or both?

Either way, mega props for calling me a liar. At least you are honest about it. But I'm not lying. If you don't believe me, you don't. Nothing I can do about that. But why on earth would I make it up? To "get" Disney by posting HERE? I like Disney! And I don't think anything I say on a posting board will change ANYTHING.

And if I were making it up, why not make it worse? And why not make up doctors who said it was, indeed, the ride? Who would make up a story that makes them look stupid? But, whatever. If you're convinced I'm lying, you are convinced of it.

No, I didn't need a doctor, so I didn't go to one. The ride made me sick, then I started getting better.

At the beginning of the ride, I thought I'd pass out and stop breathing entirrely. That made me worry that I'd die. By the end of the ride I was breathing OK. Not great, but OK. Then I lied on the bench for a while, and got even better. It was very embarrassing, but I kept feeling better and eventually got up off the bench.

Why go to a doc when I'm getting better? So I went and rested, and that was that. If I had started feeling worse, then I probably would have gone and found a hospital. Maybe other people would have gone in - some people do. I'm just not one to go in to an EMERGENCY room and say, "I got sick on a ride, but now I'm feeling better."

I didn't want to "call attention" to the ride, I just wanted to rest and continue my vacation. I don't need a doctor to verify that I got sick. That's silly. Everyone who knows me would know I'm not lying.

I don't know HOW to prove I'm a nurse. If you live near Cleveland, and I get the vibe that you aren't a psycho, you could visit me at work? I'll buy you a really yummy hospital breakfast or lunch. If you come on the right day of the week, you can get a waffle!