- May 2, 2018
A woman is suing Walt Disney World after she claims she was struck in the head by a bird at a Disney resort and suffered serious injuries.
I know you are being facetious, but I bet there are a lot of laws about disturbing the nests of birds. To me, that makes it even more ridiculous. Disney probably can't do anything to remove the birds."Disney knew that birds fly in the sky and neglected to install netting over the entire 45 square mile property to keep them away from me."
Most complaints have boilerplate language in them to overcome that states pleading threshold. All this language is stating is that Disney had a duty to protect its invitee from harm and should have known that birds are a danger on the property. By failing to protect this lady from being hit by a bird they breached this duty.When I first read the article linked above and saw this:
"Dixon is suing Walt Disney Parks and Resorts U.S., Inc., claiming the company failed to keep the resort in a "reasonably safe condition," failed to "adequately warn of a dangerous condition it knew or should have known existed at the subject premises," and provided Dixon with a "false sense of security as she was walking on the premises." "
I instantly thought of the words used during the alligator incident a few years ago. To me, (but admittedly without knowing the extent of the woman's experience or injuries,) it seems that her lawyer is using the Lane Graves incident as fuel for her lawsuit. IMO, it's apples and oranges.
In the UK, we have very strict laws regarding the conservation of certain birds, especially seagulls, which although are a menace (and I've been harassed by them myself before during my uni years living down in Devon), there's nothing that can be done except that the person should be more vigilant.I know you are being facetious, but I bet there are a lot of laws about disturbing the nests of birds. To me, that makes it even more ridiculous. Disney probably can't do anything to remove the birds.
She could have also provoked said "birds"....The woman isn't claiming that some bird randomly fell out of the sky and bumped her head. Birds can become very aggressive at the time they are nesting, and Florida has some pretty big birds capable of causing injury. It's not unusual for local nature parks to have signs warning of aggressive behavior by nesting birds in certain areas, and there are reports that Disney recently closed off a part of Adventureland because of this exact behavior.
There are very few details available yet, but if Disney knew that there were nesting birds in the area that were attacking people and chose to do nothing, there could be some liability. I realize that warning signs would not likely be all that effective, but if you know people are being harassed or attacked, a warning sign would at least give them the option to stay away from the area or be on the lookout for nesting birds.
I had one poop on me in Gorilla Falls in DAK back in March. Of course, I just took it as good luck (a CM told me it was a sign of good luck) and one of the CMs gave me a pixie dust voucher to redeem a new tee from one of the gift shops. Of course, I didn't sue the bird because I think it would be too bird-brained to understand Legalese.We all know it's the bird that should be sued!