another lawsuit (hot cheese burn)

[nunzia]

Based on the picture I saw, the kid definitely hurt his face. So I think the cheese was hot enough to burn. I'd be angry if it were my kid, I have to say. I don't think I'd sue for "emotional distress" though.

If this family is looking for an easy buck, they chose the wrong company to sue. Disney fights these types of lawsuits with a vengeance. They rarely settle out of court, get many cases dismissed before trial, and vehemently fight the ones that do go to trial. They lose fewer than 5 percent of theme park cases.

I think a lot of people think, "Oh, Disney won't want publicity. I can get some money out of them because I tripped over a curb at the park." But I think they are surprised at how hard Disney fights back.

Although I should note that, when Disney has actually been liable for injury or death, they have paid. Maybe they will decide this was actually their fault, and will pay.

Well..I am glad to hear this...the cheese was self serve?? if it was that hot, then I guess the temp should be certainly turned down..but also, come on..a little common sense!

 

[nunzia]

So, apparently it was a cup of nacho cheese sitting on their tray. I was interested in more facts, so I searched for a more thorough story and I found an article that stated what happened. In that article it says, "The attorney said 4-year-old Isaiah Harris sat down to dinner in an unsteady chair and grabbed a table so he wouldn't fall.

The boy's hand caught a food tray and a cup of nacho cheese flew onto his face, burning his upper lip and other spots..."




No one said they have to sue to get sympathy or a comment. It is very common knowledge that parties involved in a law suit should not ever comment prior to the case being settled. That is exactly what the Disney rep said. Normal protocol for any party involved in a law suit.


I had the exact same thought. In the article I found it states that they "filed the lawsuit in San Diego federal court Wednesday after months of unsuccessfully trying to resolve the case out of court, said the couple’s attorney, Sean Cahill."

By the way, if they get a dime, I hope it is put into a trust for the child that they parents cannot get a single cent from for themselves since they claim they are suing for the boy.

- Dreams

Ahh...much more snese and OK..I can see how that could happen..Disney does have some seriously rickety tables..OK..if they are deemed at fault they should pay a reasonable amount and yes, put in trust for the boy.

 

[Funball]

This is an absolutely ludicrous story.

First of all, this happened LAST March (over a year ago). So, the parents are worried that he "might have permanent scarring". It's been a year. Does he have scarring or not? If so, that's on the parents. Burns to the face should ALWAYS be checked by a doctor, simply due to possible permanent disfigurement. There are treatments to prevent that.

Second, this woman has pending legal action against her for failing to pay her rent. Sounds like she's hard up for cash.

Third, PARENTS are responsible for their children, especially a 4 year old. They should have checked how hot the sauce was.

Fourth, this was at Cosmic Ray's at WDW. That place has self serve cheese. Unless the kid put his face under the spout, there is NO WAY that cheese was so hot he suffered burns like that. In the many many years I've been visiting WDW, and eaten at that restaurant, I've yet to encounter cheese that is even warmer than lukewarm. It isn't even liquid...more like toothpaste consistency.

Fifth, the parents admitted that the child spilled the cheese sauce on himself. You know what that is? An ACCIDENT. Geez...my 4 year old has injured himself so many times it's ridiculous. I've yet to sue...

ok so i have to say about hot cheese sauce, i have gotten hot nacho cheese sauce in a cup for my pretzel at DL, but it wasn't so hot that it burned me, it was more like lukewarm BUT it also had a warning on the cup it self that contents may be hot.... but i agree that the parents should of tested the sauce first before giving it to the kid... and why was the hot cheese sauce on the tray even in his reach in the first place?

i would think that if the nacho cheese sauce was *that* hot that they would of moved the tray away from the kid to another area of the table so that something like this wouldn't happen. i'm sure that after putting the cheese into the cup the parent's could feel the cheese sauce was *that* hot...or maybe thay have no feeling in their fingers..


and like brergnat stated. the mom has some serious financial problems, so now all the sudden they want to sue disney? that seems fishy to me. i read the story to my mom who is a nurse, she said it sounded like the parents are just looking for sympathy and just looking to sue to get soem moeny. but i agree with dreams, if they do get something out of this then i hope that it gets put into something like a fund so that the parents can't touch it.

on the other hand, maybe it really was *that* hot that the cheese scared, so if that's the case why didn't the parents like take care of the scaring when it happend? because i am sure that scaring like that would show up in no time at all once the burn area was heeled.....