Bus Incident - WWYD

[Disney1976]

I haven't read all of the posts, but most of them. First of all, let me say that I am an attorney, and it absolutely SICKENS me that members of my profession immediately bring out the "sue!" card for every little incident, especially when the person being sued has deep pockets. Perhaps this has a lot to do why lawyers are rated lower than car salespeople on the sleaziness scale.

As several pp's have mentioned, what exactly was the OP expecting done? An ambulance was offered (and refused). An offer to send a van to drive them to the medical clinic was made (and refused). Accident reports were taken. The manager spoke with them and even left a message to follow-up with them. A bus manager took the time to place a phone call. What more did the OP want to happen? Considering it was an accident, it seems Disney did everything by the book, and a good personal injury attorney would tell the OP that. They would also point out that the OP, though so "traumatized and nauseous" that they couldn't ride on any rides the next day, were well enough later the same day of the incident, to go out to dinner. That's not emotional distress in my book.

Yes, Disney's employees were negligent, but the OP's level of damages don't amount to much more than a hill of beans.

Now, if the OP did want to try and sue, they should know a few things. I have worked for law firms that have sued Disney, so I speak with a small degree of knowledge. First, any litigation would take place in Orange County, Florida. Disney has a "choice of forum" provision written on the back of their tickets. Each guest agrees by using the tickets to litigate any issues here. Second, Disney doesn't have a reputation for settling, and even when they do, it's going to be a heck of a fight. Disney's lawyers litigate just about everything, and are more than happy to bury opposing counsel in paperwork and delay the outcome for years. While any personal injury lawyer would obviously work on a contigency basis, any costs do come out of a settlement.
Is it worth the hassle to MAYBE in the end pocket a few thousand dollars? Maybe less, after the lawyer takes his cut.

 

[KorieDWnut]

I wouldn't expect anything except maybe for Disney to pay for the medical care.

He will have a small scar, less then an inch long. I have one also, close to the same place he does (or at least it sounds like it), let him know it will fade with time, and now over 25 years later you can hardly see it!!

Also, the whole, "my poor DD saw her father bleed" line. Um, I'm still trying to figure out how that could have scarred her for life. Heck, when I was her age, I saw my uncle get kicked in the head by a steer. He had blood streaming out from between his fingers. Tons of blood everywhere. I also saw our dog bite my father in the face. I wasn't traumitized by either of them.

I'm sure the DD will be okay. Kids are alot more resiliant then we give them credit for.

I really hope she doesn't sue over something so small, all because she didn't get the reaction and follow-up from them that she wanted.

My kids saw their Daddy have an Epileptic seizure ( which even I had never seen after being with him for 10 years) at the Animal Kingdom, right at the entrance to the Safari ride. They just stared at him. The least of my worries was whether or not they would be scarred for life.

His seizure had absoluetly nothing to do with Disney, yet they gave us 5 days of hopper passes. They gave dh a new tshirt and hat because he ruined his with blood (he banged his head several times on the pavement). They also gave my kids stickers, tshirts and a little stuffed animal. Then they gave us a voucher good for a meal at the hotel.
In my case, we were taken care of overly well and it had nothing to do with them at all. My kids saw daddy bleed. They got over it. We just explained what happened. It didn't ruin their life.

 

[misscrossbee]

By my count she spoke to a manager on no less than five different occasions and was offered medical care and transport to the hospital, which she declined. This seems an adequate response from Disney.

In speaking to the two managers from the property, it was pretty clear that they had limited authority to do anything for us…not that we asked for anything.

So what exactly was she hoping they would have the authority to do for her above and beyond what they had already? And why didn't she speak up and ask for something, as she was obviously expecting more?

It would be a good opportunity to teach her daughter that bad things happen - even when you're on a nice vacation - and that life isn't fair that way, but the best reaction is to not dwell on it and get on with life. Unfortunately it seems all little Thea will be learning on this occasion is that when bad things happen it's an opportunity to play the victim and generate some revenue.

If I were her, I'd write, send pictures of her husband's scar and get it all off her chest. I'd be surprised if she didn't get something in return from Disney as, judging from other stories on this board, they are usually very good at over the top personal attention when things go awry, even if they're not at fault.

Then I'd give thanks it wasn't more serious and move on with my life.

 

[bdcp]

Accidents happen. Not everything has to be blamed on someone. I think this is a good time to teach her daughter that and not that we have to blame someone everytime something happens. Was it a premeditated action intended to harm someone? No. It was an accident. Was the individual driving the cart smart to stop where they did? No, a slip in judgment, not a intentional act. It takes more than seeing daddy bleeding a little (which could happen anywhere) to scar someone for life. Children have seen worse and gone on to have perfectly normal lives. I saw my sister with her arm broken in two places when I was a kid. I am far from traumatized by it. She got over it after it healed. She's got a scar from surgery, and we didnt' sue the state of NC for the wave that knocked her over. I think all I might do is write a letter letting management know what happened from the passenger's perspective and possibly praise the bus driver for not hitting the workers and for coming back to check on the passengers. I agree that Disney did what they could to help.

 

[Cheshire Figment]

Your friend was totally wrong when she declined the assistance offered. The hotel would have taken people probably to Celebration Hospital and they would have covered all treatment costs. This way everything would have been on record.

And I am sure that Disney would have offered to cover the costs of any plastic surgery necessary to prevent visible scarring. And they would have very possibly offered something for the future.

Anyway, any lawsuit would have to be filed in Orange County, Florida becuase of legal structures; it is not The Walt Disney Company that would be the lawsuit target, but The Walt Disney World Resort, Inc.

 

[svalencia1]

I don't want to sound spiteful, but how 'caring' does this person expect Disney to be? And who does she want them to 'care for'? Her husband for the injury? Her daughter because she saw it happen? Or her because she felt bad the next day and sat out the rides? And then her daughter again because she saw mommy not riding rides?
They were offered an ambulance. They declined. They were offered the use of a van and driver. They declined. The bus driver came back to check on them as soon as it was safe to do so. They spoke to 2 resort managers and a transportation manager, both of which had placed follow up phone calls to their room and left a message. This family tried to call a manager and did not think it serious enough to wait more than 5 minutes, nor to leave a message in case it interferred with a (more important?) dinner reservation. I'm sorry, but to me it sounds as if they only want to be 'cared for' on their schedule and through their bank account.

Couldn't agree more.

 

[CanadianGuy]

This is more of a community board thread.. it has very little to do with Theme Parks... as such I'll be moving this thread to the community board.

Thanks.

Knox

 

[Shmily1]

Man, now I know what I did wrong!!! We were hit head on a couple years ago taking DD and DS to school. I knew enough to get them out of the car, but couldn't tell them my DH's name to get some help. I ended up with black eyes for 2 1/2 months due to some head injuries and still have a sliver of my scull out of place on my forehead. DD and DS was there and saw the whole thing. It must have never dawned on me that my injuries were causing them such stress!!!! Since that was about 4 years ago, I can't imagine all the stress they must still be going through!!! I didn't even think to sue someone for all the stress they would be under until they turn 65!!!!

What was I thinking???????

Really, this must be the funniest thread ever. Not that it happened, but that someone would think this would be alright!!!

 

[mickeyfan2]

If he was able to go out for dinner, he wasn't hurt too badly IMHO.

And this comes from a lady who has two scars on her face....it hasn't ruined my life.

And he did not need immediate medical attention, since she turned down the ambulance. My first though was to go on the ambulance from the bus stop. Since they did not and the dinner thing, it was not so bad. If I was the manager I would have sent something to the room and offered a meal on them, to make up for the time lost getting medical attention.

No way would I sue!!!

ETA: OF course I would expect Disney to pay the medical cost incurred but I would think that would not require me to sue.

 

[Magpie]

I wouldn't sue!

Under the circumstances, I think it's ridiculous to even consider suing. It sounds like the people at the hotel did everything they were supposed to do. Sure, they didn't go above and beyond - no gift baskets or free passes. But that's something you're supposed to be thankful for, not something you should expect!

When I was in my early twenties I had an accident in the workplace. Basically I fell about twenty-five feet through a bunch of metal shelving. The shelving bent and broke my fall, and I was able to get right up and walk away. My manager wrote up an incident report, and that was it. I went home from work and promptly had a shock reaction - it felt like the flu. Nausea, chills, shaking... but I was better by the next morning. I ended up with spectacular bruising all over, and my elbow swelled up where I'd banged it. I limped around for a few weeks and that was it.

I never once thought about suing anyone. It was an accident. Yeah, I could have been better supervised and trained and certainly the work situation was unsafe. But no one meant me any ill will, and we were all smarter after that.

Accidents happen.

 

[kiddisney]

I wouldn't sue and I wouldn't send a letter, because if I didn't accept any help at the start, and went out to dinner, then what should I expect from Disney - maybe the manager called the room but didn't leave a message because he/she called the hotel manager to check up on the guest - maybe the hotel manager told the service manager that the guest left for dinner and he/she - maybe the hotel manager thought dinner was over and went up to the room to check up on the guest and no one was there -

 

[Magpie]

I wouldn't sue and I wouldn't send a letter, because if I didn't accept any help at the start, and went out to dinner, then what should I expect from Disney - maybe the manager called the room but didn't leave a message because he/she called the hotel manager to check up on the guest - maybe the hotel manager told the service manager that the guest left for dinner and he/she - maybe the hotel manager thought dinner was over and went up to the room to check up on the guest and no one was there -

And it's not like these people don't have a million other things to do, besides chase after guests who've already turned down every offer of help so far.

 

[Lowell317]

I haven't read all of the posts, but most of them. First of all, let me say that I am an attorney, and it absolutely SICKENS me that members of my profession immediately bring out the "sue!" card for every little incident, especially when the person being sued has deep pockets. Perhaps this has a lot to do why lawyers are rated lower than car salespeople on the sleaziness scale.

As several pp's have mentioned, what exactly was the OP expecting done? An ambulance was offered (and refused). An offer to send a van to drive them to the medical clinic was made (and refused). Accident reports were taken. The manager spoke with them and even left a message to follow-up with them. A bus manager took the time to place a phone call. What more did the OP want to happen? Considering it was an accident, it seems Disney did everything by the book, and a good personal injury attorney would tell the OP that. They would also point out that the OP, though so "traumatized and nauseous" that they couldn't ride on any rides the next day, were well enough later the same day of the incident, to go out to dinner. That's not emotional distress in my book.

Yes, Disney's employees were negligent, but the OP's level of damages don't amount to much more than a hill of beans.

Now, if the OP did want to try and sue, they should know a few things. I have worked for law firms that have sued Disney, so I speak with a small degree of knowledge. First, any litigation would take place in Orange County, Florida. Disney has a "choice of forum" provision written on the back of their tickets. Each guest agrees by using the tickets to litigate any issues here. Second, Disney doesn't have a reputation for settling, and even when they do, it's going to be a heck of a fight. Disney's lawyers litigate just about everything, and are more than happy to bury opposing counsel in paperwork and delay the outcome for years. While any personal injury lawyer would obviously work on a contigency basis, any costs do come out of a settlement.
Is it worth the hassle to MAYBE in the end pocket a few thousand dollars? Maybe less, after the lawyer takes his cut.

While not a lawyer yet (one more semester and the Bar to go), this sounds like a hypo a first year prof would throw out. As many posters have mentioned, the actual damages would be very low, if any. Also as Disney1976 mentioned the lawyer's cut would likely make it not worth suing. That's assuming you could find a lawyer in the jurisdiction that would take the case.

 

[katerkat]

Also, the whole, "my poor DD saw her father bleed" line. Um, I'm still trying to figure out how that could have scarred her for life. Heck, when I was her age, I saw my uncle get kicked in the head by a steer. He had blood streaming out from between his fingers. Tons of blood everywhere. I also saw our dog bite my father in the face. I wasn't traumitized by either of them.

I think *I'm* traumatized from reading this!

My son fell off a slide and got a rock lodged in his forehead last summer - six stitches. I didn't consider suing the military for using less than safe material in their housing playground - in fact, I read up that pea gravel is perfectly acceptable and so didn't even bother sending a letter.

It took me about a week to get over the sight of the poor kid covered in blood... But I got over it. And, bonus, all the blood came out of his shirt, too!

To be honest - the only reason I would even write a letter in her shoes is I'm by nature a letter writer. If I'm upset (and she obviously is) I feel much better having told someone in authority why I'm upset. That's good enough for me.

I would write a letter, because I'm a letter writer. But, in her shoes, I would have accept Disney's offer to help long before writing a letter. It sounds to me like Disney DID make an effort to help her and those efforts were refused.

 

[dogluva]

I'm not just coming in and pulling "I wouldn't sue" out of my butt. My husband has a scar on his leg as the result of an incident at Typhoon Lagoon that happened because of instructions he was given by a lifeguard. Due to those instructions, he slipped, fell, and got a pretty good wound that resulted in a noticable scar on his leg. But hey, things happen...could have probably been a payday if we wanted to push it, but I'm just sick of the "every little bump and bruise means someone owes me" mentality and he is too so we let it drop.

I agree. My daughter got hit by a car on Dec. 8 coming out of work. She was in the crosswalk (supermarket). The car was going slow. It was an accident. She had a bruise on her leg but was told by the police officer who came by when someone called 911 that she needed to go to the hospital.

She was bruised, that is it. It was actually kind of funny the fuss that was being made. She felt really sorry for the lady who hit her who was getting yelled at by witnesses.

I have recieved so many letters from lawyers. She was fine. She was jumping around on her "bruised" leg that night.

 

[FayeW]

If it was me, I would definitely be taking some sort of action.

Regardless of what Disney did or did not offer the fact remains that this man was injured through no fault of his own. He was sitting on the bus with every expectation of he and his family arriving at their destination safely. Instead, he sustained an injury that required medical attention, suffered pain and bruising for several days, and has a scar on his face which means he is permanently disfigured. He deserves to be compensated for that.

Sure, it was an accident, but Disney could have done a lot of things to lessen the likelihood of someone being injured in that type of accident. The lack of seatbelts coupled with the configuration of the seats is what caused the passenger to be injured.

I have ridden the Disney busses twice. The last time was the last time I will ever ride them. We went from the Poly to DTD and I was appalled at the speed that bus travelled with passengers standing. It was unsafe. I cannot for the life of me understand how people can ride those things with their children not strapped in, no carseats, etc. I don't understand why people jeopardize their children's safety for the sake of "free" transportation.

 

[tinkwdw47]

This isn't me but someone I "know" from another board (a non-Disney board). She posted the following today:

i know what you mean......we got robbed and they did nothing either

 

[Cool-Beans]

Where is Pop Daddy when you need him???

LONG POST!

 

[Disney1976]

If it was me, I would definitely be taking some sort of action.

Regardless of what Disney did or did not offer the fact remains that this man was injured through no fault of his own. He was sitting on the bus with every expectation of he and his family arriving at their destination safely.

I don't think it is a reasonable to have an expectation of arriving safely every single time you step into a motor vehicle, especially one weighing several tons and driven by someone else on an open roadway. The fact remains there are cars and other vehicles being driven all over Disney property, many by guests who are not familiar with the roads, are distracted by the sights and are not paying attention in the least! I can't tell you how many times I've been on Disney property and watched another guest driving their own vehicle so carelessly that they nearly caused a major accident -often by cutting off or directly in front of Disney buses! No one should just assume that just because they are a guest of Disney (or any other vacation resort) that nothing bad could happen.

What if instead of nearly hitting this golf cart, a drunk driver in a huge pickup truck slammed into this Disney bus, through no fault of the driver or Disney? Can you honestly say that the passengers had a "reasonable expectation" of arriving safely?

Beyond that, it goes back to the actions taken by the injured party immediately following the accident. They refused transport to the hospital or medical center. They didn't specifically ask for anything even though they spoke to at least 2 different managers and an accident report was taken. They went out to dinner later that night, but the next day, after having time to sleep on it, decided they were traumatized and Disney should do something. Oh, PLEASE. If they came into my office looking to sue I would throw them out on their behinds.

 

[FayeW]

I don't think it is a reasonable to have an expectation of arriving safely every single time you step into a motor vehicle, especially one weighing several tons and driven by someone else on an open roadway. The fact remains there are cars and other vehicles being driven all over Disney property, many by guests who are not familiar with the roads, are distracted by the sights and are not paying attention in the least! I can't tell you how many times I've been on Disney property and watched another guest driving their own vehicle so carelessly that they nearly caused a major accident -often by cutting off or directly in front of Disney buses! No one should just assume that just because they are a guest of Disney (or any other vacation resort) that nothing bad could happen.

What if instead of nearly hitting this golf cart, a drunk driver in a huge pickup truck slammed into this Disney bus, through no fault of the driver or Disney? Can you honestly say that the passengers had a "reasonable expectation" of arriving safely?

Beyond that, it goes back to the actions taken by the injured party immediately following the accident. They refused transport to the hospital or medical center. They didn't specifically ask for anything even though they spoke to at least 2 different managers and an accident report was taken. They went out to dinner later that night, but the next day, after having time to sleep on it, decided they were traumatized and Disney should do something. Oh, PLEASE. If they came into my office looking to sue I would throw them out on their behinds.

You bet your bippy I have an expectation of arriving safely everytime I get in a motor vehicle! If I didn't, I wouldn't be in the damn thing!

Your examples of all the near misses you've witnessed brings home to me that all forms of public and private transport should be equipped with seatbelts or at least some form of restraint equipment. While they man not be legally required to install seatbelts, Disney's decision to not install them for the safety of their quests is the SOLE reason the gentleman was injured to the extent that he was when the bus driver had to stop the bus quickly. The fact that they are also legally allowed to have passengers standing, and to transport children and infants who are not strapped into certified child seats is just a lawsuit waiting to happen.

Bottom line (at least for me) is that Disney was negligent in that they knowingly endanger their passengers every single day by transporting them in vehicles without adequate safety restraints.