Civil Suit Against Disney!!!

[dbm20th]

So.... you're stating that when people watch that pre-show video in M:S SHOWING the pods going around in a circle, they don't understand that they'll be spinning in circles? I thought it was clear as sunshine.

Only if you're watching...

 

[DancingBear]

Disney did their due-diligence with testing and research - I would bet a lot of money on that fact.

But we really don't know that for sure, yet. And these plaintiffs will get a chance to investigate that question.

Note, though, that whatever testing and research they did, it appears that Disney certainly originally underestimated the amount of motion sickness incidents that were going to occur.

 

[DancingBear]

Which Disney thrillers can a guest signal to stop a ride?? Space Mtn, Big Thunder? Rock-n- Roller coaster??? I mean, if someone is having a heart attack on Space mountain, wouldn't it be faster to let the ride cycle through than signal someone to stop it??

Probably, but that points out a distinction between those rides and M:S.

 

[dbm20th]

But we really don't know that for sure, yet. And these plaintiffs will get a chance to investigate that question.

Note, though, that whatever testing and research they did, it appears that Disney certainly originally underestimated the amount of motion sickness incidents that were going to occur.

I am not certain about this, and I have mentioned it already, but I am fairly certain that people on these boards have already questioned this testing, saying the design company wanted to do more. Perhaps AV knows what I am referring to. My memory escapes me

 

[DancingBear]

Maybe it's just that Disney doesn't want to spend much money in the MInnesota market, but I have never seen a MS commercial. Lot's of seeing the family run all around WDW but never a MS one.
The only time I have seen them was when I'm down at WDW.

There is a commercial out there where kids are looking at pictures of Mars (perhaps at school), and the one kid says "Yeah, I've been there." (cut to Epcot).

 

[DancingBear]

I am not certain about this, and I have mentioned it already, but I am fairly certain that people on these boards have already questioned this testing, saying the design company wanted to do more. Perhaps AV knows what I am referring to. My memory escapes me

In their litigation over their contract dispute with Disney, ETC alleged that there were some safety issues relating to their being kicked off the project, but those claims were fairly vague, seemed clearly to be PR-oriented, and were dismissed by the court.

 

[mwehttam]

Only if you're watching...

True, not everyone watches the pre-show video's or read the warnings.

BUT, that is not Disney's problem. If people don't read, that is their own problem.

-Matthew

 

[dbm20th]

True, not everyone watches the pre-show video's or read the warnings.

BUT, that is not Disney's problem. If people don't read, that is their own problem.

-Matthew

Unfortunately for Disney, you are not correct about that, legally. A warning is not always enough to prove a lack of negligence.

 

[All Aboard]

But AV contradicted himself by saying that carnivals attract a more healthy crowd - or a crowd that was better prepared to ride a G-force type ride. He later stated all carnival attendees are smokers, eat lard and are generally of ill health and shouldn't be riding those rides.

No, you didn't read that correctly. You posted a photo showing that people of a wide swoth of the population were taking the risk of riding a carnival ride that appears to provide the same amount of risk to the rider as M:S.

AV then noted that your "evidence" lacked integrity because it simply displayed people making decisions about an attraction during an era when they made other wise decisions such as taking the advice of physicians on TV commercials to select a certain brand of cigarette, etc.

He wasn't commented on the daily activities nor health of the particular riders.

 

[Tink's Tormentor]

Maybe it's just that Disney doesn't want to spend much money in the MInnesota market, but I have never seen a MS commercial. Lot's of seeing the family run all around WDW but never a MS one.
The only time I have seen them was when I'm down at WDW.

There was a commercial with 2 little kids laying down on a hill.. one kid turns t the other and says I WENT TO MARS or something like that.. then they flash the scene on MS... with the kids on MS laughing and joking around... They even ran a little scene on their website showing kids doing OPPOSITE of what they tell you to do.... I have since seen it taken down with a more conventional picture, no video....

 

[Tink's Tormentor]

So.... you're stating that when people watch that pre-show video in M:S SHOWING the pods going around in a circle, they don't understand that they'll be spinning in circles? I thought it was clear as sunshine. But obviously, I'm not one of those total morons...

Again, more words in my mouth. Not appreciated..... I never called Disney guests morons.

You just did... You spin in circle in the tea cups.. you spin in circles on Dumbo... How many g's are sustained on your body during those 2 rides??? People in general, not scientists in NASA do not understand centifuges or the affects of G's on the body.... Does the pre-show video explain all that???? NO!!!!

 

[Tink's Tormentor]

Which sounds like the teacher in Charlie Brown to a group full of cheerleaders are Pop Warner darlings, and even less to someone who speaks Swahili. If these instructions are needed to reduce a risk, that's negligence.

I am taking for granted that you then believe, since Disnye warns you to keep your head still and back and not look side to side because you can become disoriented, then Disney is negligent in this case???

 

[ryley26]

My problem with the whole tragic event is Disney is in a lose lose situation.If Disney would have denied access based on age someone would sue for that. The problem is people take little responiblity these days for anything. We live in a society where its always someone elses fault. Disney can't win they are sued constantly because they are a cashcow and everyone wants a bite at the apple. How many of you would let a youngster that age on M.S. not me or my DW. I've told my kids no to rides that i thought they were not ready for no matter height or age . Its my job as a parent to make adult descions for my kids no matter how much they complain or tell me so and so rode it.I feel for the parents this is something that no parent should go through. But i don't see how this will ease the greif unless they are suing to close the ride .

 

[Another Voice]

...and were dismissed by the court.

If I remember correctly, original issue was over Disney's refusal to pay ETC for work performed and about ETC's ability to sell the same ride system within a 100 miles of WDW. ETC was suing for Disney to abid by the original terms of the contract. ETC also said that Disney had prevented them from performing safety tests on the ride, and all that implies. The judge ruled that safety was a separate issue and not related to cost overruns, delays, and Disney terminating the contract. He did not rule on the merits of ETC's complaints about safety related issues.

The ride was developed with assistance from NASA.

No it wasn't. Disney hired an ex-astronaut to pose for pictures, bought some left over equipment to decorate the place and had someone make sure Mars looked pretty - but NASA was not involved with the creation or evaulation of actual ride system.

If you've never experienced an attraction like this, how are you to know how your body will react without trying it? Disney did their due-diligence with testing and research - I would bet a lot of money on that fact.

The only company that had experience with the "medical" side was ETC - the company Disney fired to save money. NO ONE has been able to find a single contractor, company or other person that Disney used after ETC left the job. Not one. Not even after the motion sickness, which Disney said they had eliminated, proved to be a signficant problem. If you know of the consultants that Disney used, it would be great to hear about them.

I mean, if someone is having a
heart attack on Space mountain, wouldn't it be faster to let the ride cycle
through than signal someone to stop it??

The issue in the suit will be that Disney did or should have seen the child in distress, but was unable to stop the ride even though it would have been reasonable to provide a way for that to happen. Stopping a speeding roller coaster train is one thing, having the ability to stop a simple spinning ride is another.

And I hate agreeing with AnotherVoice.

That made my week.

 

[Tink's Tormentor]

And let's not forget how much more dangerous it would be to suddenly stop a speeding roller coaster that it would be to stop a spinning centifuge... Want to talk about Disney getting sued? How many people would be injured by suddenly stopping a speeding coaster???

AV and All Aboard comments make total sense... Disney is going to have a huge burden to prove...

 

[mjstaceyuofm]

"They are exposing the general public to a ride whose forces they don't really understand," said Tampa attorney Robert A. Samartin, who is representing Daudi's parents

It's simple newtonian mechanics. This guy may be a bright lawyer, but he obviously never took a physics class.

The Bamuwamye suit accuses Disney of not doing anything to modify the ride or adequately warn the public of danger even though many people have sought emergency medical attention since the ride's inception.

They've now provided a "lite" version and there's warnings all over the place.

The family also faults Disney for allowing 44-inch children on the ride, when one national standard, suggested by the American Society for Testing and Materials, calls for a 48-inch minimum for rides of high acceleration. Daudi was 46 inches tall.

That's only one standard. Obviously another standard called for 44 inches.

And the Bamuwamyes complain that Disney paramedics did not use a portable defibrillator on him. They say Disney boasts, in promotional materials, of having portable defibrillators throughout its theme parks, and 4,000 employees trained to use them.

"We're pretty confident it would have given this kid a chance, and possibly saved his life," Samartin said.

So sue the paramedics, not Disney. But the family chose to go after Disney. Hmmm....

Polak acknowledged that there was no portable defibrillator stationed at Mission: Space. But she said well-trained, well-equipped paramedics handled the emergency response appropriately.

She also said the 44-inch height is appropriate for the ride, and that Disney has no reason to change the ride or public warnings that are delivered through multiple signs and audio and video media. They warn, among other things, that people with heart conditions or high blood pressure should not ride.

I think the ride is fine and some ambulance chasing lawyer talked this family into reliving an obviously traumatic event in their life for the almighty buck.

The family has already lost. Disney will lose (maybe not in court, but it's apparent they've already lost in other ways). The fans of Disney will lose. The only people who will win are some lawyers, who, win or lose, will walk away with a fatter wallet than before.

 

[mjstaceyuofm]

Disney is going to have a huge burden to prove...

The burden of proof rests with the plaintiff, not the defendant.

 

[dbm20th]

I am taking for granted that you then believe, since Disnye warns you to keep your head still and back and not look side to side because you can become disoriented, then Disney is negligent in this case???

No I am not. But a court might, and that's the point. I am not passing judgement at all. From the beginning, my argument has been that everyone here passing judgement can't possibly be educated enough about this particular case to do so. I'm just trying to point out the logical other side.

If that disorientation leads to potential problems, and it can be proven that Disney's warning methods do not influence poeple effectively enough, then you have a problem. That's all.

 

[dbm20th]

It's simple newtonian mechanics. This guy may be a bright lawyer, but he obviously never took a physics class..

And you are assuming he hasn't already contracted an expert in the field?

They've now provided a "lite" version and there's warnings all over the place.

Not before the child died, which is essentially what matters. That's been discussed on this board by MJMcBride who, if you didn't know, is a lawyer.

That's only one standard. Obviously another standard called for 44 inches.

Thus it becomes an issue for the Florida court to decide on.

So sue the paramedics, not Disney. But the family chose to go after Disney. Hmmm....

But in the quote you offer, it is plainly stated that their issue is with the medical response from Disney's team. You don't sue the paramedics personally. That's madness.

Why are you drawing conclusions about this family?

 

[mjstaceyuofm]

And you are assuming he hasn't already contracted an expert in the field?

You don't need to be an expert to understand Newtonian mechanics. Any high school senior doing well in physics can understand F=MA, and angular velocity, the force of gravity, what forces are associated with spinning rides, etc. Even my simple mind understands it and I only have a Masters Degree in Engineering from Michigan....

If that disorientation leads to potential problems, and it can be proven that Disney's warning methods do not influence poeple effectively enough, then you have a problem. That's all.

Influence them to do what? Warnings are meant to warn, not to influence people.

Why are you drawing conclusions about this family?

What conclusions have I drawn about this family? None. Only that this poor family has suffered enough and my opinion is that some lawyer or outside influence talked them into this under the guise of "making sure the rest of the Daudi's out there are safe from the big 'ole, evil Disney corporation that sacrifices its guests for the almighty buck". ...And all the while that ambulance chasing lawyer will be making deposits in the bank every week, 2 weeks or month (or however the lawyers standard agreement reads).

Everyone out there wants to crucify Disney for building M:S.... Claiming they have no idea of what they built. I contend that it is what it is - both the ride and this horrible situation. I will continue to disagree with most on this thread. I enjoy this place, so if I offend anyone, I do apologize. I have my opinions and you have yours.