another lawsuit (hot cheese burn)

[NYDisneyKid]

I dont read every single post on this site so I have no idea if there is a post for this so here it is.

http://www.orlandosentinel.com/busi...t-child-burned-cheese20110210,0,2488936.story

 

[kiwitravel]

I dont read every single post on this site so I have no idea if there is a post for this so here it is.

http://www.orlandosentinel.com/busi...t-child-burned-cheese20110210,0,2488936.story

Cheese served so hot that it can cause permanent scarring is too hot... If it was my son I would be very ticked off... The case will come down to whether they can prove the scarring was caused by the cheese... have to say a little suspicious of this one as cheese will separate before it boils... It may bubble as it is simmered...It would be obvious and unappealing in my opinion if it was heated that hot...

 

[NYDisneyKid]

Cheese served so hot that it can cause permanent scarring is too hot... If it was my son I would be very ticked off....

but would you sue?

 

[Bungle]

It is sad if this is what really happened but I have to admit it brings a couple of questions to mind.

1. How was it spilled? By the child, parent, server? Isn't it usually served over the chips?

2. Why didn't the parents check the temperature of the food? I'm not saying this is the parents fault but I know I would.

I feel sorry for this boy but I have to admit I am a bit curious as to what really happened.

 

[Peri]

This was at Disney world.

 

[AustinTink]

I would bet that this was at Casey's corner, the hot dog place. The cheese is self serve out of a pump and it is freakin' hot! Not hot enough to scar, though.

You pump it into little cups, maybe the kid tried to drink it from the cup. It's that soupy melted nacho cheese for hot dogs.

 

[ironlou]

I'm sorry for the kid getting hurt but when has anyone ever gotten nacho cheese hot?? Whether its at a ball park, movies, theme park, heck even home. How did it end up on his face? I mean you can see steam coming off anythign hot so you would use caution. But cheese so hot is burns and leaves scars....I smell a rat......

 

[CrazyDuck]

If my son was burned like that I'd probably sue too! Especially if Disney took no interest in the injury!

http://www.10news.com/news/26833187/detail.html

 

[jory29]

I seem to recall when we bought Mickey Mouse pretzels at the coke corner in DL that the server warned us that they cheese was very hot. I wonder if the staff at the location in Disney World had cautioned them, too? I hate to think of a child being injured, but at the same time would think that the temperature of the cheese is regulated to be hot but not scalding. Poor kid.

 

[skiingfast]

If my son was burned like that I'd probably sue too! Especially if Disney took no interest in the injury!

http://www.10news.com/news/26833187/detail.html

A Disney spokesperson released this statement, "It's unfortunate when any child is injured. It would be inappropriate to comment on pending litigation."

 

[CrazyDuck]

A Disney spokesperson released this statement, "It's unfortunate when any child is injured. It would be inappropriate to comment on pending litigation."

So they have to sue to get any sympathy, or even a comment? Doesn't seem right! We may only be hearing one side of the story though!

 

[bumbershoot]

Cheese served so hot that it can cause permanent scarring is too hot...

I definitely agree. (just like coffee that is so hot that it causes the need for skin grafts is too hot, especially when there had been many other burn claims in the years previous and they still kept it that hot!)


If I had many medical bills thanks to a company keeping something WAY too hot, then yes I'd sue.

But we are vigilant about keeping boiling hot things away from DS (especially after he suffered a water burn on his chest thanks to a father letting a 3 year old "help" make pasta), so I would trust US that we had done everything to protect him. Of course, I always tend towards distrusting others, especially when they make comments about 4 year olds not being able to watch out for hot foods (and think "uh yeah, that's what you are there for" and then I think "from now on he'll watch out for it, just like DS learned real quick at 3 years old to be nervous about water that might be too hot").

But the system will decide if the case has merit; if Disney caused it, it'll go forward, and if the family caused it, it likely won't.

 

[TheColtonsMom]

I agree that we as parents are responsible to be our childrens buffer from danger, however I watched a clip on the san diego news where to demonstrate what happened they had a box of chips and a cup of hot cheese. Is this how they serve it there? Is it possible the kid thought it was a drink? If you look at the pics the placement of the burn looks very like what would happen in that scenario. IF and I say IF that is the case not a very safe way to serve hot cheese as the cup could get dropped and splatter several people at once.

That being said in my experience the minute Nacho cheese leaves the cooking aparatus it begins to cool very very quickly. You are lucky if that type of cheese is still hot by the time you walk to your table when it is on the chips. If the cheese was served at the counter there is no way it stayed that hot all the way to their table. If however the counter gave them the chips and the cheese was self serve and the parents instead of putting it directly on the chips chose to put it in a cup then not Disney's fault but in a cup that way it could indeed have still been hot when it reached the table.

 

[Funball]

umm ok i so i read the thing.it didnt happen at DL that is what i got out of it, ,but if cheese is THAT hot then it needed to be handled carefully. that is why they have "warning: contents may be hot handle with care" on most packaging like cheese cups and stuff..

 

[brergnat]

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...

 

[CrazyDuck]

there is NO WAY that cheese was so hot he suffered burns like that.

Well obviously the cheese WAS hot enough to burn the kid...

Ya know one time the thermostat in my hot water heater broke and the hot water in my tank spiked to 200 degrees... Just sayin... $#!+ happens!!!

 

[Love Tink]

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.

 

[jimreuter]

So this was at Walt Disney World? Could the Moderators move this discussion to an appropriate location?

 

[Disney Dreams]

...1. How was it spilled? By the child, parent, server? Isn't it usually served over the chips?...

...If however the counter gave them the chips and the cheese was self serve and the parents instead of putting it directly on the chips chose to put it in a cup then not Disney's fault but in a cup that way it could indeed have still been hot when it reached the table.

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..."

A Disney spokesperson released this statement, "It's unfortunate when any child is injured. It would be inappropriate to comment on pending litigation."

So they have to sue to get any sympathy, or even a comment? Doesn't seem right! We may only be hearing one side of the story though!

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.

...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...

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

 

[nunzia]

I definitely agree. (just like coffee that is so hot that it causes the need for skin grafts is too hot, especially when there had been many other burn claims in the years previous and they still kept it that hot!)


If I had many medical bills thanks to a company keeping something WAY too hot, then yes I'd sue.

But we are vigilant about keeping boiling hot things away from DS (especially after he suffered a water burn on his chest thanks to a father letting a 3 year old "help" make pasta), so I would trust US that we had done everything to protect him. Of course, I always tend towards distrusting others, especially when they make comments about 4 year olds not being able to watch out for hot foods (and think "uh yeah, that's what you are there for" and then I think "from now on he'll watch out for it, just like DS learned real quick at 3 years old to be nervous about water that might be too hot").

But the system will decide if the case has merit; if Disney caused it, it'll go forward, and if the family caused it, it likely won't.

..but in actuality, Disney will probably settle with them no matter who is at true fault....