Another day....another lawsuit. This time about a bird.

  • JaxDad

    DIS Veteran
    Joined
    Sep 23, 2014
    Several years ago during the last morning of a stay at Wilderness Lodge, I was stung on the hand by a bee or wasp in the pool area. It swelled up like crazy on the way home. Stupid me. I probably could have squeezed them for a few bucks or a couple fastpasses or something.
     

    smiths02

    DIS Veteran
    Joined
    Feb 13, 2009
    "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."
    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.
     

    TheBigErn

    Mouseketeer
    Joined
    Aug 2, 2016
    As a lawyer who has dealt with personal injury lawsuits for 30 years (on the defense side), I'm embarrassed by many in our profession. The problem often isn't the ambulance chasing attorney, it's the gutless judges who won't throw these cases out.
     
  • DisLiss

    DIS Veteran
    Joined
    May 2, 2018
    I'm sorry the woman was injured. (An article I read later claims it was a brain injury.) But I just don't know what WDW is supposed to do....hand out pamphlets warning of possible wildlife in the area? And just to cover their butts, of course, because 99% of guests will pitch those pamphlets right into the trash without even glancing through them.

    Or they could put up signs. But again, if you start putting up more and more signs, I really think people are more apt not to read them. Plus, then is it up to Disney to make darn sure they don't miss signing every single place a bird has nested on property? That sounds completely impractical. (And my guess is that if they did have a sign, she would have read it and kept right on her way, anyway, so the signs would not have prevented her accidental run-in with the bird.)

    So yes, I feel for her, but I don't see how Disney was supposed to prevent this.
     

    CheeseheadDave

    Earning My Ears
    Joined
    Apr 3, 2019
    She's also only asking for $15,000 in damages which seems low for such a "traumatic" injury. Her lawyer is probably hoping that with a smaller amount, Disney would just settle.
     

    TheBigErn

    Mouseketeer
    Joined
    Aug 2, 2016
    She is not asking for $15,000. That is a threshold amount between small claims and a jury trial. She is seeking damages in excess of $15,000 meaning she wants her case to be decided by a jury and not in small claims court.
     
  • mckennarose

    Always planning the next trip.....
    Joined
    May 22, 2015
    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.
     

    apwenger

    Earning My Ears
    Joined
    Apr 19, 2016
    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.
    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.

    This seems like a superfluous lawsuit and will probably be dismissed at the preliminary objection stage (assuming Florida has them).
     

    marikujawa

    Arblover
    Joined
    Jul 2, 2010
    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.
     

    AurumPunzel

    Mouseketeer
    Joined
    Aug 20, 2018
    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.
    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.
     

    Boski

    DIS Veteran
    Joined
    Jun 17, 2012
    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.
    She could have also provoked said "birds"....
     

    AurumPunzel

    Mouseketeer
    Joined
    Aug 20, 2018
    We all know it's the bird that should be sued!
    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.
     


    Connect

    Disney News and Updates

    Get Daily Email Updates


    Top