DD injured on splash mtn-update p16

[frndshpcptn]

I think Disney was in the right here.

They contacted the parents, provided transportation to the hospital and offered a wheelchair for use while the family was still on-site.

This seems to be typical procedure.

 

[MosMom]

What about a girl at a college party who had too much to drink, danced a little provocatively and got gang-raped? She's not a victim? Stupid, yes...victim, YES

See, I see this as completely different. If the girl had fallen off the table and broken her foot at a bar and the parents wanted to sue the bar for free drinks for life would be a better comparison. I'm not even sure how this girl at Disney could even be called a victim. This doesn't involve someone pushing her into the water...this was her decision and the consequences of that decision.

 

[PlutoLuvr]

wow are you a lawyer? What would Disney's responsibility be in this case if she did stand? What if it were a design flaw and her foot got wedged?

No, I'm not a lawyer. I'm a court reporter, a/k/a stenographer. I've worked in both the the criminal and civil arenas for 12 years reporting depositions, hearings and trials.

While I would love to, I really can't comment one way or another on responsibility/liablity on the part of WDW, nor the rider. First, I'm forbidden to speak of anything that even resembles rendering legal advice.

I can tell you just as a human being in the courtroom hearing trials all the time, I'd need a heck of a lot more information than what I've read on these boards. I'd want to hear from the engineers on both sides of the table. I'd want to see a videotape, as well as documentation of signs warning guests. I'd also want to see a diligently documented list of every accident on this ride. Bottom line, I'd need more than a hysterical father's internet message hours after this happened and a friend of a friend of a friend's comment.

As for your other questions about the victims in those crimes, once a case at the circuit level is over, I prepare a transcript, if requested, and I rarely hear any more about it unless I ask one of the original attorneys I'd worked with on the case. I know the man was badly disfigured when he came to trial from Atlanta. The paralyzed woman cried her heart out the day she testified. It was really hard to keep from crying myself just hearing her (I couldn't bring myself to look at her). I know the college student transferred to another college shortly after the rape, and we took her testimony via a videotaped deposition several months earlier.

 

[PlutoLuvr]

What about a girl at a college party who had too much to drink, danced a little provocatively and got gang-raped? She's not a victim? Stupid, yes...victim, YES

See, I see this as completely different. If the girl had fallen off the table and broken her foot at a bar and the parents wanted to sue the bar for free drinks for life would be a better comparison. I'm not even sure how this girl at Disney could even be called a victim. This doesn't involve someone pushing her into the water...this was her decision and the consequences of that decision.

I absolutely agree with you. This is completely different, and I know the civil attorneys love to throw around the words, "contributory negligence" on the part of the plaintiff/victim. I was simply responding to your comment about if someone makes a stupid decision, they cease being a victim. I just don't believe it's that black and white. There's an awful big spectrum of gray in there, at least in non-criminal matters.

I also agree in your example that if the girl had fallen off the table and the parents wanted free beer for life, that probably wouldn't fly. But if the table was faulty and the owner of the establishment knew it, or one of their employees knew it, did nothing about it and the girl fell and suffered injury that needed to be paid for, the parents would have every right to expect it...hopefully without having to involve lawyers, too, but insurance companies can be as difficult to deal with as attorneys, as I'm sure most would agree

Very interesting chat. I hope it doesn't get locked since we appear to be going off topic! I'll apologize now if it does.

 

[kimmikayb]

I absolutely agree with you. This is completely different, and I know the civil attorneys love to throw around the words, "contributory negligence" on the part of the plaintiff/victim. I was simply responding to your comment about if someone makes a stupid decision, they cease being a victim. I just don't believe it's that black and white. There's an awful big spectrum of gray in there, at least in non-criminal matters.

I also agree in your example that if the girl had fallen off the table and the parents wanted free beer for life, that probably wouldn't fly. But if the table was faulty and the owner of the establishment knew it, or one of their employees knew it, did nothing about it and the girl fell and suffered injury that needed to be paid for, the parents would have every right to expect it...hopefully without having to involve lawyers, too, but insurance companies can be as difficult to deal with as attorneys, as I'm sure most would agree

Very interesting chat. I hope it doesn't get locked since we appear to be going off topic! I'll apologize now if it does.

I agree this is an interesting chat! I too hope it doesn't get closed. I think we're all debating it in a calm and mature way.

Double OT, I find your job intriguing. Do you enjoy it?

 

[DizBelle]

Yes I own a house. Last year at my son's birthday party a child slipped off the ladder to our pool and knocked a tooth out. We offered to pay the bills but the parent refused. She had insurance but that offer alone showed we cared. Plus we invited them to our home imo it is our responsibility to pay since her child was hurt here.


Yes I think Disney should pay the medical bills when a guest is hurt in their park.

The seatbelt in addition to being an obstacle to standing will also let the rider know there are drops that are severe enough to need a belt. That would make someone think twice about taking it off and standing in the ride IMO. The lack of seatbelt implies that the drops are not that severe

Gee, where do you live? I'm coming over....

 

[3DisneyNUTS]

Gee, where do you live? I'm coming over....

I am really off the mark here? Are you insinuating that if someone came to your home and was hurt you would not offer to pay the bills? Was I really out in left field by offering to pay?

I was totally upset that her daughter slipped off the pool ladder. Right infront of many adults it was a pure accident. Now while it wasn't anyone's fault I felt horrible that she was hurt. Isn't it the right thing to do?

 

[goofy's friends]

I strongly disagree with this statement.

What about a girl at a college party who had too much to drink, danced a little provocatively and got gang-raped? She's not a victim? Stupid, yes...victim, YES.

What about a woman taking her child home late in the afternoon who's on her cell phone, drunk driver slams into car and kills child, paralyzes mom? Mom is stupid for being on the phone while driving, but still very much a victim.

How about the business traveler who is lost in an unfamiliar city, who takes an exit off the expressway in what he soon finds out to be a bad neighborhood, gets robbed, carjacked and beaten to a pulp? The assailants don't need to be prosecuted because the victim made a stupid decision to get off where he did?

These are just three of the criminal cases I'm working on for appeal. Do you think these guys should be set free to roam the streets simply because the victims made a stupid decision?

All of these people are obviously victims, but can not be compared to this event because they are not examples of the victim's poor decisions CAUSING the crime/accident. This girl's bad decision (IF she indeed did stand up) CAUSED her to get hurt. The mom talking on the cell phone didn't kill her child, the drunk driver did. The wrong turn didn't cause the business man to get hijacked, the people who did it made that decision, the girl's drinking didn't get her raped, the boys did that.

I don't believe that you can blame the victim in most situations, but when "the victim" is hurt as a direct result of their actions it IS called personal accountability. I agree with the poster that said that in that case they are no longer a victim, as they are responisble for their injury.

Bottom line, it sounds like Disney handled it appropriately from what we have heard. I hope the girl is OK and they are enjoying their trip completely.

 

[jjbescher]

I am really off the mark here? Are you insinuating that if someone came to your home and was hurt you would not offer to pay the bills? Was I really out in left field by offering to pay?

I was totally upset that her daughter slipped off the pool ladder. Right infront of many adults it was a pure accident. Now while it wasn't anyone's fault I felt horrible that she was hurt. Isn't it the right thing to do?

I do not think in this situation you were off the mark. However, what if it was only teenagers hanging out at the pool and someone got hurt. No parents were watching. In your situation there were a lot of people that saw what happened. In the OP situations, DIsney is trying to find out what happened.

I would act differently whether or not I saw what happened or someone told me what happened. As a swim coach of multiple teams, before I make quick decisions, I try to get ALL the facts I possibly can, then I make the best decision I can make.

I think that is what Disney is trying to in this situation. Could things have been handled better? I do not know, I was not there and do not know all the facts. If and when this gets resolved, hopefully, he will post what the outcome was.

jon

 

[minnie61650]

.......
The seatbelt in addition to being an obstacle to standing will also let the rider know there are drops that are severe enough to need a belt. That would make someone think twice about taking it off and standing in the ride IMO. The lack of seatbelt implies that the drops are not that severe

Therein lies the RUB.

The Op told us in his very 1st post that this was the 2ed time around for his 2 sons and his DSD.

http://disboards.com/showthread.php?t=1100751&page=1

My DD was injured on Splash Mtn Last Night-closed ride down-WDW is no help-update p20


I am currently sitting in our room at the boardwalk now as I type this at almost 11 am. We should have been up at the parks about 3 hours ago, but instead we are still here in the room.

Last night, we stayed at the MK on day 2 of our trip, for the EMH. About 11 pm my wife and i decided to go back to the room with her 9 year old so we cojuld get our luggage that was to be transferred to our room since we had been out all day.

My sons, aged 15 and 13 who are wdw veterans of 6 trips now, wanted to stay, and i said that was fine since they knew what to do. My stepdaughter,14, who was on her first trip ever to wdw wanted to stay with them, and we were fine with that.

We had just arrived at the boardwalk adn were walking in the hallway about 12 am when my wifes cellphone rang. My son was calling saying we needed to go back to the park.

The kids were riding splash mtn. From what ive found out, they went on it, and rode it 2 times in a row, being able to stay on it to ride it again. On the second ride, there is from what i was told, a place that goes up and down kinda fast before the main drop.

My DD was sitting in the front of the car with my son, and she braced herself for the dips. when doing this, her foot got stuck up in the log.
She was crying and they did not stop the ride until the end. All the cars behind them were stopped and they could not free her. We got called again to return to the park and we asked to speak to someone there. My son gave his cell to someone who told us to come back to the park. WE said it would be about an hour to return with transportation and asked if someone could pick us up. We were told they had no way.

I finally called the front desk myself at BWV, and was connected prompty to security, who about 20 mins later had a car ready for us to take us the MK. We went in the back way right to the ride, where we saw her in an ambulance and a group of about 6-10 people.

We were greeted and told it was our decision to seek medical treatment. My wife telked to her and deceided to take her to the hospital.

My sons told me that they closed the ride about 30 mins later and removed everyone. It was closed for the night-sorry everyone who was there!

My sons said they got splash mtn t shirts because they were wet from the ride. They said they had to take apart the front of the log itself to free her foot. I was told when i arrived that there is a bar in the front and somehow her foot was lodged up in it. They took apart the front of the log and freed her of it,all the while in pain.

My wife went in the abulance with her and i was taken back to the resort with my sons. We were told they would give my wife and DD a ride back when done and gave her a number to call.

About 4 am my wife arrived back. She said the hospital said it not broken, but severely strained muscle. As of now, she cant walk at all. The hospital did not teach her how to use the crutches, would not wheel her out to the car, and almost would not let my wife call me when leaving.

When my wife got to the resort, the driver wanted money for the ride. We were told it was free.

Now we sit her and wdw has done nothing. We tried the number to the manager and didnt get a hold of him. I had her call the main lobby and ask for someone who works in the dept with him. We were told they are sorry for the trouble and that my wife can take the Rx to the lobby to hav them take care of it and possibly get an electric cart for her to use since she cant walk on it yet.

We were also told that any and all bills, hospital, dr, taxi, fees, etc are going to be billed to us and sent to our home. It takes 3-5 days for them to examine what happened. This doesnt seem right.

They should take responsibility for this now. I think its a design flaw or something if her foot can become lodged in the log somehow. How can that happen??

You would think they would want to help, but we have heard nothing yet and have spent all this money to be here and are stuck in the room now.

I dont know if the ride is reopened today as we have not been out yet. I was told it was not reopened last night because once shut down, it takes a while to restart it so they didnt do that last night.

For her pain, trouble and everything else, you would think they would be bending over backwards to accomidate her and us for this, but nothing has been done. And the treatment at the hospital was horrible!!

Any ideas on who to contact or what to do??

That is why it seems odd she was bracing her footso hard for the smaller dips........ Also business do not generally pay upfront if someone is injuried on property. It takes a few daysto acess things. Insurance won't pay claimes without an investigation. Disney did contact him and is gathering information.
We may never know the final outcome.
I just hope DSD is feeling better and they enjoy the rest of their vacation.

 

[LindsayDunn228]

You know what's funny, the lack of a seatbelt is the only reason I will not ride Splash Mountain. Why? I cannot feel or move my legs. When you go down the drop, you can put your feet flat against the log in front of you (make sense?) and keep yourself back in the seat, and creating less of a "I'm gonna fall out of this ride!" feeling. Does that makes sense. Know what I'm saying?

Hey, I'm all for a seatbelt on SM!!

 

[3DisneyNUTS]

You know what's funny, the lack of a seatbelt is the only reason I will not ride Splash Mountain. Why? I cannot feel or move my legs. When you go down the drop, you can put your feet flat against the log in front of you (make sense?) and keep yourself back in the seat, and creating less of a "I'm gonna fall out of this ride!" feeling. Does that makes sense. Know what I'm saying?

Hey, I'm all for a seatbelt on SM!!

We hang on to our son for dear life on that ride. It is definitely a ride that makes you feel lofty. I am all for a seat belt and make it an option for adults and a requirement for those under a certain age Maybe they will listen to some of us here and you can ride it soon

 

[goofy's friends]

We hang on to our son for dear life on that ride. It is definitely a ride that makes you feel lofty. I am all for a seat belt and make it an option for adults and a requirement for those under a certain age Maybe they will listen to some of us here and you can ride it soon

I would agree with this!!!

 

[DisneyPhD]

You know what's funny, the lack of a seatbelt is the only reason I will not ride Splash Mountain. Why? I cannot feel or move my legs. When you go down the drop, you can put your feet flat against the log in front of you (make sense?) and keep yourself back in the seat, and creating less of a "I'm gonna fall out of this ride!" feeling. Does that makes sense. Know what I'm saying?

Hey, I'm all for a seatbelt on SM!!

Lindsay, I have a questions for you, or maybe someone else that knows. Is there a separate entrance for SM for riders that might be in whellechairs or unable to walk up to it? I can't imagine trying to maneuver the path up there. (same with BTM also.)

I agree, about the seat belts. I think it would make the wait time a bit longer because it takes a few min to do them, and check them. Also like in Dinosaur if no one is in them they have to belt them and open them just to run it. (I am guessing. Of course if it was just a "lap belt" it wouldn't be that much work. However if they had ones that could sense if someone undid them, that would cut down on people standing.

 

[3DisneyNUTS]

Therein lies the RUB.

The Op told us in his very 1st post that this was the 2ed time around for his 2 sons and his DSD.

http://disboards.com/showthread.php?t=1100751&page=1




That is why it seems odd she was bracing her footso hard for the smaller dips........ Also business do not generally pay upfront if someone is injuried on property. It takes a few daysto acess things. Insurance won't pay claimes without an investigation. Disney did contact him and is gathering information.
We may never know the final outcome.
I just hope DSD is feeling better and they enjoy the rest of their vacation.

But doesn't the fact that she knew what was coming and braced herself sound like a feesible explination? I mean not directed at you but many people are very quick to discount his story and say she stood just because a strangers daughters roomate says so. The first time she didn't know what to brace for now she did and got her foot stuck. It isn't that far fetched to me.

 

[goofy's friends]

Lindsay, I have a questions for you, or maybe someone else that knows. Is there a separate entrance for SM for riders that might be in whellechairs or unable to walk up to it? I can't imagine trying to maneuver the path up there. (same with BTM also.)

I agree, about the seat belts. I think it would make the wait time a bit longer because it takes a few min to do them, and check them. Also like in Dinosaur if no one is in them they have to belt them and open them just to run it. (I am guessing. Of course if it was just a "lap belt" it wouldn't be that much work. However if they had ones that could sense if someone undid them, that would cut down on people standing.

Couldn't they do one long lap belt across the whole seat?

 

[DisneyPhD]

Couldn't they do one long lap belt across the whole seat?

Like in Dumbo? I don't see why not. I don't know if installing them would actually make it any safer though. However maybe it would make some people feel better (like Lindsay, or even the "rider in quesion." )

 

[LindsayDunn228]

DisneyPhD, I honestly don't know if there is a seperate entrance to SM. I honestly have never ridden it. I have always assumed it had another entrance like BTM, which is actually the exit. Maybe someone else could elaborate.

 

[3DisneyNUTS]

Couldn't they do one long lap belt across the whole seat?

That is a good idea. Nothing too extravigant but just something.

You know I was thinking being the girl is 5'10" I don't think she could easily stand in SM. I know I have a hard time with my long legs even fitting in some of the rides. If her knees where up under the handbars then she wouldn't even be able to get to standing without wiggling from under the hand bar. So bracing for the dip seems much more reasonable. Also if her legs are long then she would reach places with her foot an averaged height person would not.

She was in the front right? If she was in any other seat her knees were probably against the seat in front of her. I have ridden many a ride in that position.

 

[DisneyPhD]

DisneyPhD, I honestly don't know if there is a seperate entrance to SM. I honestly have never ridden it. I have always assumed it had another entrance like BTM, which is actually the exit. Maybe someone else could elaborate.

It really is a neat ride. So much more then just the drop. I hope someday they do get lap belts and you ride it. My DD says she will try it for the 1st time this next trip (but she won't be sitting if the front, she doesn't like to get wet. )