Should Disney compensate me

[maxiesmom]

But, I can just see the situation going a lot better. If the original CM would have communicated a little better, like "if your son is able to walk we should have him move to this bench here on the side or he could get injured further when this ramp is flooded with people in a few seconds", and if the manager would have gotten a little information, and if maybe mickey mouse sent a little get well card to their room, and then some small token, like I said, a priority seat for the epcot fireworks or something that cost disney practically nothing.

Then the OP would have come on here and said, "Wow, my son was hurt at Disney, but they really cared and took good care of us. It was a truly magical vacation despite his injury."

I don't believe for one second that we have received a word for word replay of what either the CM or the OP said, or did. So saying that the CM basically ignored what was happening may be how the OP perceived everything, but is probably not actually what happened. I'm sure as a parent they were more focused on what their child was feeling that what the CM was saying, and could have easily misinterpreted the CMs attitude for the worse. I would be more than a little upset and frantic, if I was in the OP's shoes. It is totally understandable. Remember there are 2 sides for every story, and the truth is somewhere in the middle.

Having said that, I still don't see how any kind of card or pass or fireworks viewing spot should be expected. And that is what the OP was asking about, expecting compensation of some sort.

By the way, I have worked retail for years. And unfortunately we are not allowed to offer any kind of compensation, and very little in the way of compassion, if someone is injured on our property. A lawayer could turn and "I'm sorry" into an admission of guilt in a court of law. Sad, but true. We have a strict protocal we have to follow.

 

[kaligal]

On the 26 th June me an my family went to Orlando for our first vist. We bought what is called the one ticket for the 3 of us costing over a thousand pounds.on the second day there we went to animal kingdom and were having great fun until this happened. The rain had started to rain heavy so we went on a little train that takes you to rafikis planet when we got to the platform at other end my son slipped on the platform and screamed in agony so much so that the pain made him sick.when I pointed to the guard on the platform that my son was in pain his response was that there was a wet sign on the platform as if to cover himself rather than be concerned about my son.also 1wet sign on that large platform is no where enough as we could not see it from we got of the train.the guard then told me my son would have to move so he could fill the train.I told him my son would not be moving until he was ready.it soon became clear my son had hurt his wrist badly and a ambulance was called. 30 mins later it arrived and took my wife and son to the celebration hospital. At this point when the ambulance arrived (30 mins)was when we first saw a manager I made my complaint and headed off to the hospital where it was confirmed my son had a buckled fracture to his wrist and was to have a cast on his arm for the rest of our Holstein.which meant he couldn't go to his fav parks which are the waterparks.

The rest of your cow?

I'm sorry about your son's bad luck. That really sucks. Poor little guy.

People fall and break bones. It happens. TONS of kids fall and break bones. It's part of life.

I am not one of these "Disney can do no wrong!!" people, but I don't think they need to compensate you.

In defense of the guard (not that he necessarily deserves it), I have seen many extraordinarily dramatic children wigging out over stupid crap at WDW...and watched their overprotective parents feed into it rather than brush it off. Big scenes.

The people who work there probably get very tired of that.

It doesn't forgive rudeness, but I can understand them not reactive to a screaming kid until the parent says, "Hey, this is serious!"

I think you should just move on. A jury may decide they owe you money, but I don't see it. Not from what you said. That's MHO, anyway.

 

[Allison]

No, Disney should not compensate you.

 

[Reddy]

I remember a lady suing Wal-mart because she fell.
since there was a sign up that said wet floor then Wal-mart won the case

another lady lost because of her shoes - they were worn out(bottoms were really slick, so how she cross the parking lot to make it to the front door is a big question)

if you are wanting to sue make sure there is no way it could had been your fault

 

[TDC Nala]

How would they compensate you? Refund your tickets? Pay your son's medical bills? Your son had an accident. I don't think Disney is responsible for the rain and they did have signs out warning people to watch their step. They called an ambulance and took him to the hospital.

Not sure how it's been established that Disney is at fault for anything except maybe the OP doesn't feel like that cast member showed what they considered to be proper concern about the child. Maybe that's not legally compensable but they could go for something in the interest of "customer goodwill" but that probably wouldn't be much as far as monetary value.

 

[eeyorethegreat]

BTW, if your son ever needs another cast, ask for a waterproof one, and he won't have to miss out on any of the fun!

I don't have any comments for the OP other than I hope that his son has recovered. But this comment caught my eye. A water proof cast? I get that this makes it so the plaster doesn't come apart when it gets wet but how does one keep the water from getting in underneath the cast and causing chaffing or infection etc? Just curious never heard of a water proof cast.

 

[laughinplace199]

BTW, if your son ever needs another cast, ask for a waterproof one, and he won't have to miss out on any of the fun!

I was going to say the same thing. DD has a bad habit of fracturing her arms (thankfully not at the same time, but she does have a lovely collection of old casts in her closet). We always get the waterproof kind and she can shower, swim, etc with no problems.

 

[scrapquitler]

Firstly: I would NOT expect to see WET signs everywhere when it is raining. Thinking that there should have been more WET signs is just plain silly. When it rains, the ground and flat surfaces are obviously going to be wet and most likely, slippery. I'd only expect WET signs in case of something unusual, like a spill on the ground or a wet spot resulting from a broken pipe or something of that sort. It's not Disney's fault that the ground is wet and slippery from the rain.

Second: Sure, the CM could probably have been nicer about it, but people are not perfect.

I think that accidents happen, and in a case like this, I wouldn't file any kind of claim. Did the CM have you fill out an accident report? My child was hurt in a store once (he was running when he shouldn't have been and ran into a display case and busted his lip), and the staff member would not let us leave until we filed an accident report for their records. I'd imagine that Disney would do the same thing, especially if it was the sort of thing where an ambulance was called onto the grounds to transport your child to the Emergency Room.

It is unfortunate that your child missed out on his waterpark days that he was looking forward to, but that's not Disney's fault. Like I said before, accident's happen. This WAS an accident, NOT a case of negligence. If it were a case of negligence on Disney's part then yes, absolutely you should be compensated for your expenses (perhaps even including the water park ticket, but I'm not even sure about that part).

If you wanted to sue them, sure you probably could, but I don't think it would be appopriate.

 

[mousehouse2011]

By the way, I have worked retail for years.

And where you worked retail, were you required to call every little girl princess? Did the maintenance workers periodically stop what they were doing and draw fun characters in water on the floor? Did everyone once in a while the place light up and everyone stop and dance and break out into song?

There are ways I expect to be treated at Walmart and ways I expect to be treated as Disney. One does not equal the other.

 

[ms mouse]

Accidents happen. If you think Disney should pay for what happened then should you be punished, you were ultimately responsible for your child?

 

[cathypa]

Suing just because somebody has insurance is plain ole stupid IMO. It is also not why companies carry insurance, to automatically pay folks who thru their own neglect hurt them selves. In this type of case the parents are responsible for the child's accident if they are two young to know better themselves. How many times have we all yelled at our kids for running, jumping off stuff, climbing on things etc......cause it's out job as parents, no one else's...........

What ever happened to personal responsibility? What are we teaching our kids?

The kid slipped in the rain because he was not being careful.....case close.

Man I wish I was the judge on that possible lawsuit I would shut that thing down in 2 minuets and have coffee and donuts for breakfast

I hope Mickey kicks some legal butt if this case goes to trail


Oh yeah.....IBTL !

Keep an eye on your children please. I'm sure they were in a hurry because it was raining & was careless. I know when I'm rushing doing things I end up getting hurt instead of taking my time. I do hope the little boy will heal well & it stinks for this to ruin their vacation & I'm sure it did put a damper on it.Some times it can be the wrong shoe's, not very good in rain. Should Disney make sure everyone has proper shoes. No that's the job of a parent.

 

[nchulka]

What kind of world are we living in where we need a sign to tell us the ground is wet when it's raining And if they don't have enough signs and big enough signs and we slip on the wet ground it's their fault Anybody ever hear of common sense, personal responsibility, and accidents???

 

[JimmyV]

Well, most of the locations you listed/I bolded are indoors. Even then, the owner of the building has to be considered to have reasonable notice and control over wet, slippery, etc., areas. If you pour a bottle of oil on the supermarket floor, and five seconds later I come around the corner and slip in it, the store probably isn't responsible.

Now, the sidewalk is an interesting comparison. While it's true people sue and win for injuries incurred on damaged walks, I don't think anyone has ever won a suit based on a rain-soaked sidewalk (not even where I live, where sometimes the ground is so saturated the rain sits a couple of feet above the sidewalk).

Actually, when I posted this, I wasn't thinking of the indoors as much as I was thinking about parking lots and walkways. But in the end, it doesn't matter. What this thread demonstrates is why we have law schools, why people who want to be lawyers have to attend them, and how little the general public really understands about tort law. I am not taking the side of "Disney should compensate". I am taking the side of "we have to know a whole lot more about this "accident" before we make a decision". And to that end, way too many people are jumping to quick conclusions. The law of negligence, as noted above, factors in control and notice. I think we can assume control. As for notice, we simply don't know. I can pretty much assure you that if the OP's child was the tenth person to fall in that exact spot that day, then Disney would be in a much worse posture than if the child had been the first to fall there. We simply don't know. How about prior warnings? Was the platform comprised of materials that a reasonable construction engineer would anticipate would be slippier than normal? What was the friction coefficient of the material? Was it standard for that usage or was it below acceptable levels for the industry? Did anyone working for Disney at any time raise with their supervisor that the platform needed to be changed or else someone would get hurt? These are the types of questions that require investigation before one leaps to the conclusion that compensation is not owed.

There are no absolutes in tort law. You have to consider a wide spectrum. For example, suppose Disney constructed the platform out of ice and tilted it a bit sideways. If people were complaining and falling left and right breaking their wrists among other things, most sane and logical people would agree that Disney did something wrong, should compensate those that were hurt, and should fix the problem. On the end of the scale, if Disney constructed the platform out of the highest grade material known to mankind that prevents slipping, made sure that everything was level, and even installed slip-proof runners on the platform, and no one had ever slipped there before, then most sane, logical people would conclude that Disney did everything it reasonably could to prevent falls. Somewhere between these two extremes lies the facts of what actually happened, and no one here knows all the facts. Reflexively saying that the OP is entitled to nothing is just as irrational as refleively saying that Disney should pay through the nose. This is why Disney has a Claims department. This is why its insurer has claims investigators and adjustors. This is why we have jury trials. People will have to look into the facts and circumstances and make a reasoned decision. No one posting on this board has done that.

 

[livndisney]

To that last reply ...it not to do with the slip....I know accidents happen. But it's how you are treated after it...take those Disney glasses off

You don't expect Disney to pay the medical cost-you want money because you felt someone was "rude" to you? I don't think it has anything to do with "Disney glasses" LOL

 

[Karbase8]

I have mixed feelings on this one. It was an accident and that's why Disney posts those signs, however I am wondering if Disney offered you a reimbursement on your tickets for the waterpark I would think your son would be able to do the rest of the parks, it's unfortunate, but maybe if Disney offered something complimentary that would be suffice.

 

[Dougers1]

Ok for the last time I'm not suing anyone so why do most of you keep saying so.
My son is 12 yr old......was serious pain so much so that he was sick from the pain

The guard did understand me....told me my son had to move. 2 times
Ist time I told him that my son would not be moving until he was ready

Second time....I was not so polite......so he called security

When security came my son tried to move and was so weak from shock he nearly fainted and the security guard had to hold him up.......the security guard then called for a manager and said sorryto me and was surprised no manager was there already

My main complaint is how we were treated....ohhhhh when the manager did turn up it was no surprise that the station guard had been replaced

 

[Allison]

You don't expect Disney to pay the medical cost-you want money because you felt someone was "rude" to you? I don't think it has anything to do with "Disney glasses" LOL

I had the same thought when I read that post. So, the OP has admitted it wasn't about the slip/accident. They are mad they weren't treated well enough according to them and now want compensated. That's interesting.

 

[Tybug]

What kind of world are we living in where we need a sign to tell us the ground is wet when it's raining And if they don't have enough signs and big enough signs and we slip on the wet ground it's their fault Anybody ever hear of common sense, personal responsibility, and accidents???

I guess because the sign didn't tell the parent to take the hand of their young children because the floor may be wet, it's Disney's fault. Actually, maybe it's Dr. Spock's fault because it wasn't in the child raising handbook!

Common sense is definately lacking in today's world!

 

[WillAustin]

My main complaint is how we were treated....ohhhhh when the manager did turn up it was no surprise that the station guard had been replaced

Based on Disney's history of customer service, I'd bet if you called and spoke with someone at Disney, and were polite about it, they'd probably help you out in some way whether it's refunding a park ticket or giving you something for a future trip.

I'd look at as Disney "going above and beyond" and not something I'd expect though.

 

[Dougers1]

I guess because the sign didn't tell the parent to take the hand of their young children because the floor may be wet, it's Disney's fault. Actually, maybe it's Dr. Spock's fault because it wasn't in the child raising handbook!

Common sense is definately lacking in today's world!

Maybe you should read my comments before commenting on wet floors......