Child Severely Injured on Disney Resort Property - what would you do?

[MrsBooch]

My family is currently driving home from spring break at a DVC resort - non WDW property. My child was walking on the pool deck (multiple witnesses) toward the pool slide which has a small gate to shut when closed. The latch is a large hook, and he fell onto it - it is at chest level & he hooked his under arm, & was basically cut open. We were taken to the hospital via ambulance and he had to have emergency surgery.
Honestly this was the most traumatic thing I’ve ever had to go through, he is fine as far as there is no nerve or muscle damage, it was all soft tissue and we were very lucky to have had a plastic surgeon on staff to do the surgery. He was able to do other things there and we tried to create as many other fun memories as possible given this happened on the second day of a 9 day trip.

The staff were very worried and kind of course- they did take an incident report - and then later on we noticed that they also changed the type of latch on the gate from hook to loop.

I’ve got a family member in my ear about litigation - but I don’t know what to do or even if that is something we should do. Should I reach out to Disney? To DVC? Should I expect to hear from them? I don’t know - I tried searching forums here to see if anyone was in a similar situation but couldn’t find anything. What would you do?

 

[sponica]

Were you staying on cash or points? You should be able to email someone.

I had to call housekeeping when my kid puked everywhere and the next day the manager had called to check in on us, so it seems odd that nobody called.

I know whenever I've had an injury that could have occurred somewhere else or that was potentially someone else's fault, the insurance company has made me sign paperwork asserting there isn't another insurance policy that could pay out. Like the time I fell down the stairs in my house. So you might want to inquire about filing an injury claim at the resort.

 

[Love_the_Mouse]

My family is currently driving home from spring break at a DVC resort - non WDW property. My child was walking on the pool deck (multiple witnesses) toward the pool slide which has a small gate to shut when closed. The latch is a large hook, and he fell onto it - it is at chest level & he hooked his under arm, & was basically cut open. We were taken to the hospital via ambulance and he had to have emergency surgery.
Honestly this was the most traumatic thing I’ve ever had to go through, he is fine as far as there is no nerve or muscle damage, it was all soft tissue and we were very lucky to have had a plastic surgeon on staff to do the surgery. He was able to do other things there and we tried to create as many other fun memories as possible given this happened on the second day of a 9 day trip.

The staff were very worried and kind of course- they did take an incident report - and then later on we noticed that they also changed the type of latch on the gate from hook to loop.

I’ve got a family member in my ear about litigation - but I don’t know what to do or even if that is something we should do. Should I reach out to Disney? To DVC? Should I expect to hear from them? I don’t know - I tried searching forums here to see if anyone was in a similar situation but couldn’t find anything. What would you do?

Since you say your son is fine, he was able to continue on with the vacation (although limited) and Disney tended to your needs and immediately fixed the latch on the gate, I would let it be. Disney has an incident report and is aware.

I'm so glad you're son is okay and I'm sorry that happened to you!

 

[MrsBooch]

Were you staying on cash or points? You should be able to email someone.

I had to call housekeeping when my kid puked everywhere and the next day the manager had called to check in on us, so it seems odd that nobody called.

I know whenever I've had an injury that could have occurred somewhere else or that was potentially someone else's fault, the insurance company has made me sign paperwork asserting there isn't another insurance policy that could pay out. Like the time I fell down the stairs in my house. So you might want to inquire about filing an injury claim at the resort.

I was staying on points.

That’s a good point about the insurance company thing -but do you mean health insurance? I don’t have another type of insurance other than car and house I guess? How would my health insurance know it was something that happened on someone else’s property? Idk. I’m still in somewhat of a daze about this but that might be a good question for the email to Disney - I’m not looking forward to the bill - the hospital is not in network - it is what it is - grateful to have had the care we did - but it will be a doozy.

 

[MrsBooch]

Since you say your son is fine, he was able to continue on with the vacation (although limited) and Disney tended to your needs and immediately fixed the latch on the gate, I would let it be. Disney has an incident report and is aware.

I'm so glad you're son is okay and I'm sorry that happened to you!

Thank you!

We were so glad it wasn’t worse.

 

[Let's Get Kronk]

*Nothing I type below should be construed as legal advice*

As an attorney myself, I would not be surprised if they refrained from reaching out to you. I would imagine that they are hoping that this just goes away. One thing I always remind people is that litigation is extremely tiresome and expensive, so that really is only a route you may want to go if you are ready for the process. It may be worth at least reaching out to the resort to see if they are willing to help at all with the medical expenses if that is something that you want/need help with.

One thing to note from an evidence perspective (I'm a nerd) is that you wouldn't be able to bring up the fact that they changed the latch afterwards in court. There are rules that prevent this type of evidence coming in because society wants to encourage people and companies to fix problems without the improvement being used against them in court as some kind of evidence of guilt/negligence. So, if you are thinking that really helps your case, it wouldn't.

In any case, I am sorry this happened! That sounds like no fun so early on in your trip.

 

[sponica]

I was staying on points.

That’s a good point about the insurance company thing -but do you mean health insurance? I don’t have another type of insurance other than car and house I guess? How would my health insurance know it was something that happened on someone else’s property? Idk. I’m still in somewhat of a daze about this but that might be a good question for the email to Disney - I’m not looking forward to the bill - the hospital is not in network - it is what it is - grateful to have had the care we did - but it will be a doozy.

They analyze the claims and have a pre-set of billing codes that might be someone else's financial responsibility (I think). I've received the piece of paper for two different injuries because I'm clumsy. Once I walked into my garage door as it was coming down...basically they don't want to pay for injuries that could be submitted to someone else (like a slip and fall at a grocery store, or dog bite at someone else's house).

 

[MrsBooch]

*Nothing I type below should be construed as legal advice*

As an attorney myself, I would not be surprised if they refrained from reaching out to you. I would imagine that they are hoping that this just goes away. One thing I always remind people is that litigation is extremely tiresome and expensive, so that really is only a route you may want to go if you are ready for the process. It may be worth at least reaching out to the resort to see if they are willing to help at all with the medical expenses if that is something that you want/need help with.

One thing to note from an evidence perspective (I'm a nerd) is that you wouldn't be able to bring up the fact that they changed the latch afterwards in court. There are rules that prevent this type of evidence coming in because society wants to encourage people and companies to fix problems without the improvement being used against them in court as some kind of evidence of guilt/negligence. So, if you are thinking that really helps your case, it wouldn't.

In any case, I am sorry this happened! That sounds like no fun so early on in your trip.

I so appreciate this perspective as it kind of echoes my own - in as much as I am really not interested in walking down any kind of long drawn out roads.

I think I will reach out no matter what - just to get grounded on how to proceed and bring up the hospital situation but I’ll probably wait until I get my health insurance write up.

Oh and side note - the way he was placed in our rental car after the hospital required us to have to cut the seatbelt off when we got back bc he couldn’t move his left shoulder - so that’s another fun moment. Car insurance should cover it but it is what it is.

Perhaps not the best overall vacation but we were able to get some good family moments in there.

 

[Pooh2]

I was staying on points.

That’s a good point about the insurance company thing -but do you mean health insurance? I don’t have another type of insurance other than car and house I guess? How would my health insurance know it was something that happened on someone else’s property? Idk. I’m still in somewhat of a daze about this but that might be a good question for the email to Disney - I’m not looking forward to the bill - the hospital is not in network - it is what it is - grateful to have had the care we did - but it will be a doozy.

When your health insurance company receives the hospital bill, they will likely send you a questionnaire asking if the incident was on your own property. Fill it out, send it back and they will take care of the rest.

 

[sponica]

Perhaps not the best overall vacation but we were able to get some good family moments in there.

I feel like every family has one of those every now and then.

 

[gottalovepluto]

Get the bills together and then think long about if it’s going to be worth putting you, your kid and anyone traveling with you or living with you afterwards through this. I know someone going through a similar thing for their first time. If you can afford the bills don’t do it, its fine and dandy if your lawyer sends a letter and Disney’s insurance company just pays out but when they say no it is a Process.

Have you experienced a deposition regarding harm to you or someone you loved? Has your partner? Throughout the lawsuit you will live the moment over and over and over- and during the deposition as you’re living it over you’ll be having to answer under oath and deal with things like the other side questioning your parenting abilities. Sounds easy now, I mean a gate did this, but after you’ve seen your kid injured in your head and explained it over and over you’ll be questioning yourself too.

Your kid- depending on your state laws they may be able to deposed, examined by the other sides medical doctors, shrinks, etc. This incident will be brought up over and over and over for them as well.

Family members living with you but not on vacation may also be subject to deposition having lived with the child after the incident.

A lawsuit is a long, hard and potentially traumatizing process. Only you can answer is it’s worth it- and only after you know the bills. Get the bills together and if they are bad talk to a lawyer about options.

IGNORE THE CHIRPING FAMILY MEMBER. They have nothing to lose by pushing you to try to stick it to a big company.

 

[MrsBooch]

Get the bills together and then think long about if it’s going to be worth putting you, your kid and anyone traveling with you or living with you afterwards through this. I know someone going through a similar thing for their first time. If you can afford the bills don’t do it, its fine and dandy if your lawyer sends a letter and Disney’s insurance company just pays out but when they say no it is a Process.

Have you experienced a deposition regarding harm to you or someone you loved? Has your partner? Throughout the lawsuit you will live the moment over and over and over- and during the deposition as you’re living it over you’ll be having to answer under oath and deal with things like the other side questioning your parenting abilities. Sounds easy now, I mean a gate did this, but after you’ve seen your kid injured in your head and explained it over and over you’ll be questioning yourself too.

Your kid- depending on your state laws they may be able to deposed, examined by the other sides medical doctors, shrinks, etc. This incident will be brought up over and over and over for them as well.

Family members living with you but not on vacation may also be subject to deposition having lived with the child after the incident.

A lawsuit is a long, hard and potentially traumatizing process. Only you can answer is it’s worth it- and only after you know the bills. Get the bills together and if they are bad talk to a lawyer about options.

IGNORE THE CHIRPING FAMILY MEMBER. They have nothing to lose by pushing you to try to stick it to a big company.

No - I haven’t experienced anything like that and I really don’t want to do it at all but this family member is making me feel pretty stupid for not having that be my first reaction - so I’m second guessing myself. Am I being too risk averse?Should I be more aggressive?

I’m just so worried about failing my kid.

 

[kiford]

this family member is making me feel pretty stupid for not having that be my first reaction

Easy for them - they don't have to do anything, pay out anything for legal fees, put themselves through more trauma and difficulties, live with any additional consequence or basically put any effort into anything other than harassing you. This is your family and your decision. I agree with PP who said ignore the chirping family member.

You haven't failed your kid. You got medical care and they have been taken care of. Any actions you decide to take or not take will not change that. Your first reaction was to take care of your child. That's not failure.

 

[Dave006]

The staff were very worried and kind of course- they did take an incident report - and then later on we noticed that they also changed the type of latch on the gate from hook to loop.

Did the resort provide you with a copy of the incident report from Disney before you left?

I’ve got a family member in my ear about litigation - but I don’t know what to do or even if that is something we should do. Should I reach out to Disney? To DVC? Should I expect to hear from them?

It is a little early to consider personal injury litigation (my personal view). You might want start by checking your Health insurance coverage to understand what they cover in Emergency situations when you are taken to an Out of Network provider.

Dave

 

[lanejudy]

I’m just so worried about failing my kid.

Don't second guess yourself or beat yourself up over this, mom!
You did not fail your kid! You took care of him and made him the #1 concern. You didn't worry about cost or time or lost vacation or whatever. You worried about him and got him the medical attention he needed.

 

[gottalovepluto]

No - I haven’t experienced anything like that and I really don’t want to do it at all but this family member is making me feel pretty stupid for not having that be my first reaction - so I’m second guessing myself. Am I being too risk averse?Should I be more aggressive?

I’m just so worried about failing my kid.

I’m sorry but I need to yell again… IGNORE THE FAMILY MEMBER. YOU ARE THE PARENT. THEY ARE A BUSYBODY WITH NOTHING TO LOSE.

Tell them you’ve heard their opinion, you will make your own decision in your own time and you do not want to hear another word about it from them. I don’t care if it’s your own mother- you need to silence their nonsense. They aren’t raising this kid, they don’t know what is best. This isn’t any of their business and they’re screwing with your head and it might end up hurting your kid.

It is a good thing your first thought when your kid got hurt wasn’t “who can I sue?!” because a good chunk of people lack the empathy even for their own children and just see this sort of thing as an opportunity for a paycheck that will solve their life’s problems. This is not a viewpoint that should be listened to much less elevated to the level of good advice.

Wait until you have the bills and then make the choice on if you will be taking another step in the matter. You are NOT failing your kid by not running to a lawyer as soon as you got home

 

[elsbit]

I personally would want them to pay whatever insurance did not cover, especially since out of state. I would also delete this thread because you really don't need Disney to be reading this.

 

[0FF TO NEVERLAND]

edit: not sure how I would handle it actually

I’m sorry this happened to you and your family and I’m glad everything worked out

 

[bdrex28]

I so appreciate this perspective as it kind of echoes my own - in as much as I am really not interested in walking down any kind of long drawn out roads.

I think I will reach out no matter what - just to get grounded on how to proceed and bring up the hospital situation but I’ll probably wait until I get my health insurance write up.

Oh and side note - the way he was placed in our rental car after the hospital required us to have to cut the seatbelt off when we got back bc he couldn’t move his left shoulder - so that’s another fun moment. Car insurance should cover it but it is what it is.

Perhaps not the best overall vacation but we were able to get some good family moments in there.

First of all I'm glad your child will be ok, and I'm very sorry for what happened. That's awful.

******

My personal opinion on this:

I would report it to Disney and let my Health Insurance company know what happened, where it happened and how it happened.

Disney has insurance for these types of things and I would suspect they would at least cover your medical bills. I would also imagine that there are cameras all over that will have a record of the incident.

So, I would let Disney know and tell them about the hospital visit and the expected bills, etc. I would also let my insurance company know especially since it was out of network, etc.

What you do from there is up to you. Some people would push to get other monies from Disney, some would just want their insurance bill out of pocket taken care of. But since it was recent, I'd at least let Disney and my insurance company know while it's still very recent.

Again, that's what I'd do. It doesn't have to be a "lawsuit" to get Disney to cover any out of pocket expenses. In fact, in many cases your insurance company will take care of any communication between them and Disney. Don't get stressed by others acting like it's going to be a long drawn out legal process.

My oldest fell at school on a wet playground from a grounds crew. She cracked her head open and got a concussion and had to spend 3 days in the Hospital. Our insurance paid, then they talked to the School and the school's insurance covered the out of pocket expense. Simple and easy. We didn't "sue" for other damages. Accidents happen.

I think it's one thing to get your out of pocket expense taken care of. If someone pushes for more that that well that's their prerogative and not one I would judge either way.

 

[Skippyboo]

Did you have any sort of trip insurance that would cover an health emergency while on vacation?