Disney’s rides aren’t common carriers, but what about its monorail?

[CR Resort Fan 4 Life]

http://thedailydisney.com/blog/2010...-common-carriers-but-what-about-its-monorail/

 

[mariepapa]

Good question. It does seem like they ferry only the people staying on Disney property. But this is being looked at for the wrongful death case of the monorail driver, right? According to the law, they have to prove that this would have been "virtually certain to result in injury or death." Don't you think that sounds very difficult to prove to a jury?

 

[Ryansdad0727]

it makes sense to me. If you are not staying on disney property and you are using Disney transportation then you are in the wrong. But if you are staying on property and get injured by a negligent driver of Disney transportation then you may have a case.

 

[Brian_WDW74]

I've moved this thread to the Rumors and News board.

 

[Horace Horsecollar]

If you are not staying on disney property and you are using Disney transportation then you are in the wrong.

Not really.

Every guest who arrives by car and parks in the Magic Kingdom parking lot must take Disney Transportation (a Monorail or ferry boat) just to get from the parking lot to the Magic Kingdom. Such guests are not "in the wrong."

Other Disney Transportation buses, boats, Monorails, and parking lot trams are also available to the general public, regardless of where they are staying. Any rule that such transportation is for WDW on-site resort guests is neither posted nor enforced.

Disney transportation could still be called private because operates on WDW private property specifically for customers of WDW -- not just for on-site guests, but for any customers of WDW.

Disney transportation could be called public because it's available to anyone in the general public who wants to us it.

That's why there's a legitimate legal question here.