Disney seeks to cut lawsuit awards for accident victims

[crazy4wdw]

From the Orlando Sentinel:

Publix, Disney aim to cut lawsuit awards for accident victims

July 10, 2013|By Jason Garcia, Orlando Sentinel


Two of Florida's largest businesses Publix Super Markets and Walt Disney World are spearheading an effort to cut the size of civil-lawsuit awards, which could lead to enormous savings for the frequently sued companies through smaller jury verdicts and pretrial settlements.

Their goal is to persuade state lawmakers to rewrite the way medical damages are determined if a business is found responsible for an accident, whether a customer slips in the aisle of a grocery store or a tourist is hurt aboard a theme-park ride.

http://articles.orlandosentinel.com...710_1_accident-victims-walt-disney-world-jury

 

[OKW Lover]

One hopes sanity will prevail, but I have my doubts.

 

[KYMickey]

One hopes sanity will prevail, but I have my doubts.

Which side of the argument do you think sanity should prevail on? Seems like the amount awarded in many lawsuits is way beyond ridiculous. They can certainly need to be compensated but....

 

[323sarg]

Which side of the argument do you think sanity should prevail on? Seems like the amount awarded in many lawsuits is way beyond ridiculous. They can certainly need to be compensated but....

I agree on this!!! I have no problem with people suing for damages because a bussiness was liable but the amounts and reason for suites is ridiculous these days. I think it was maybe four years ago a woman sued McDonalds because she spilled hot coffee on herself in her car. McDonalds was found liable because the coffee was too hot. Are you kidding me!!

And some of these slips and falls are because people can't walk!!

 

[TheRustyScupper]

. . . Seems like the amount awarded in many lawsuits is way beyond ridiculous . . .

1) Youbetcha.
2) I was on a jury eight weeks ago.
3) It was a medical work injury case.
4) We started deliberating
. . . there were about eleven parts to the jury instructions for posible awards
. . . in one part, a lady on the jury "wanted to throw in" a $150,000 award
. . . we asked her where/how she arrived at the number
. . . she said, "It sounds good."
. . . fortunately saner minds prevailed, and THAT one part was only $10,000
5) What a rude awakening of how juries arrive at their amounts!

 

[stephm0188]

I agree on this!!! I have no problem with people suing for damages because a bussiness was liable but the amounts and reason for suites is ridiculous these days. I think it was maybe four years ago a woman sued McDonalds because she spilled hot coffee on herself in her car. McDonalds was found liable because the coffee was too hot. Are you kidding me!!

And some of these slips and falls are because people can't walk!!

The coffee was hot enough to cause third degree burns instantly...

 

[OKW Lover]

I'm wondering how much monetary damages are considered too much. Is the number different because of a person's age? economic status? social status? Would it be just as much if it happened to you?

 

[TheShea's]

I agree on this!!! I have no problem with people suing for damages because a bussiness was liable but the amounts and reason for suites is ridiculous these days. I think it was maybe four years ago a woman sued McDonalds because she spilled hot coffee on herself in her car. McDonalds was found liable because the coffee was too hot. Are you kidding me!!

And some of these slips and falls are because people can't walk!!

The end result of that case was that all of the awards were reduced and the plantiff and McD's settled for less than $600K.

 

[AJRitz]

The end result of that case was that all of the awards were reduced and the plantiff and McD's settled for less than $600K.

And, of course, McDonald's was motivated to settle when discovery in the lawsuit turned up evidence that the coffee was given to the customer at a temperature that is, from a scientific/medical perspective, too hot for human consumption; that McDonald's had been advised by their own consultants that serving coffee at over 180 degrees was too hot for human consumption; and that McDonald's had already settled several other lawsuits that had been initiated because customers had been severely burned by coffee that was too hot for human consumption. So McDonald's knew that its product was unsafe as it was delivered to customers, and even when put on notice that the unsafe product was causing harm to customers, continued to sell it in an unsafe manner.

They got off easy with a $600k settlement for causing full-thickness third degree burns to the inner thighs of a senior citizen.

 

[Goofy4WDW1964]

I agree on this!!! I have no problem with people suing for damages because a bussiness was liable but the amounts and reason for suites is ridiculous these days. I think it was maybe four years ago a woman sued McDonalds because she spilled hot coffee on herself in her car. McDonalds was found liable because the coffee was too hot. Are you kidding me!!

And some of these slips and falls are because people can't walk!!

You may want to get the actual facts before using this case to support your view of excessive damages. The facts in this case included memos found from McD executives indicating the prior complaints of coffee being too hot, but they found that the coffee could be kept and served longer if it was kept at the higher temps. It was also presented that she drove through the drive up and spilled the coffee on herself when driving away. Again, not true. She wasn't driving the vehicle when she went through the drive through. Her nephew was. And, he pulled into a parking spot at the McD and parked before she ever picked up the coffee. The car was not moving at all when the coffee spilled. Also, the lady only wanted to be reimbursed for the amount of the medical bills that her insurance did not cover. The jury in this case awarded the punitive damages because of the prior warning and blatant disregard of customer safety displayed by McD. There are frivilous lawsuits, but if you actually research most damage awards, they are usually the result of a company that was negligent. Don't be so naive to think that any corporation in this country has your interest as a priority, not even Disney.

 

[tzvdmd]

Which side of the argument do you think sanity should prevail on? Seems like the amount awarded in many lawsuits is way beyond ridiculous. They can certainly need to be compensated but....

Actually what the media reports people get and what they do end up with is very different. Remember the McDonalds lady that got millions. She received something like $400,000. Watch the documentary "Hot Coffee". It will open eyes.
Big business is trying to get to where they can not held accountable.

 

[seashoreCM]

Yes there are some frivolous lawsuits out there. Meanwhile news commentator Charles Osgood once said, "Businesses do the things they are supposed to do because of lawsuits".

 

[lockedoutlogic]

Oh jeez...

I hate frivolity in lawsuits as much as the next clown....

but what is the bigger problem? personal injury claims OR overcompensated corporations gobbling up to excess and paying for "politicians" and "lobbyists" to write or rewrite laws that tilt the scales completely in their favor and ruin any chance at equal representation or consideration under the law?

I'm not trying to be the fly in the ointment here...but you really got to step back and take the goggles off before really making a blanket statement here.

its not "free loadin' lawsuit chasers" that has caused fundamental cracks in the foundation of our economy, at least not nearly to the level of fault they are often given...i'm just saying

 

[lockedoutlogic]

Actually what the media reports people get and what they do end up with is very different. Remember the McDonalds lady that got millions. She received something like $400,000. Watch the documentary "Hot Coffee". It will open eyes.
Big business is trying to get to where they can not held accountable.

and that mcdonalds lawsuit...while ridiculous...is a talking point red herring that has been repeatedly beaten and pounded into fish juice over and over again for 20 years...

my point:
public = easily misdirected and completely gullible

mcdonalds is wealthier and healthier than they've ever been...that lady really "cut them to the bone" huh?

 

[BrdwayBoy]

don't be so naive to think that any corporation in this country has your interest as a priority, not even disney.

amen!

 

[jlafunk]

I know the McDonald's coffee incident comes up when capping claims is discussed. There's an interesting documentary (and I have Netflix. It's on streaming) called: Hot Coffee.

The issue that needs to be discussed isn't the "Frivolous" lawsuits. It's the kid that gets paralyzed by a ride malfunctioning. If the kid has to be wheelchair-bound for the rest of his/her life and needs to be dependent on assistance, how will capping help that kid as he/she goes through life? What happens when the money runs out?

What happens is this: The bill gets picked up by the state and that means tax dollars will pay for the damages.

It's passing the buck to the taxpayers and it's wrong. When a company can spend billions on a wristband, billions to buy out George Lucas, and billions more to redesign a shopping mall (Downtown Disney) then they have enough to pay for the injuries that they are legally liable for.

 

[jcjen519]

Actually what the media reports people get and what they do end up with is very different. Remember the McDonalds lady that got millions. She received something like $400,000. Watch the documentary "Hot Coffee". It will open eyes.
Big business is trying to get to where they can not held accountable.

it amazes me how well we have all been convinced to protect big business at or own expense in so many aspects including this one. i don't look forward to living in a country that is run by publix, disney or the like.

 

[jcjen519]

I know the McDonald's coffee incident comes up when capping claims is discussed. There's an interesting documentary (and I have Netflix. It's on streaming) called: Hot Coffee.

The issue that needs to be discussed isn't the "Frivolous" lawsuits. It's the kid that gets paralyzed by a ride malfunctioning. If the kid has to be wheelchair-bound for the rest of his/her life and needs to be dependent on assistance, how will capping help that kid as he/she goes through life? What happens when the money runs out?

What happens is this: The bill gets picked up by the state and that means tax dollars will pay for the damages.

It's passing the buck to the taxpayers and it's wrong. When a company can spend billions on a wristband, billions to buy out George Lucas, and billions more to redesign a shopping mall (Downtown Disney) then they have enough to pay for the injuries that they are legally liable for.

exactly. without venturing too far off topic....it works the same way with pay and benefits...

 

[Goofy4WDW1964]

exactly. without venturing too far off topic....it works the same way with pay and benefits...

And I don't mean to bring up McDonalds again, but their CEO got paid $13 million last year and instead of paying a living wage, McDonalds instead provides tips to it's employees on how to live on what they currently get paid. I have seen the spreadsheet and it illustrates pay from McDonalds job and pay from second job. So they basically admit that a McDonalds employee has to have a second job just to minimally survive.

 

[Spacedog1975]

Actually what the media reports people get and what they do end up with is very different. Remember the McDonalds lady that got millions. She received something like $400,000. Watch the documentary "Hot Coffee". It will open eyes.
Big business is trying to get to where they can not held accountable.

This. The people who have convinced you that people get ridiculous settlements from "poor big business" have really snowed you. Hot Coffee even includes people who supported "tort reform" and were later victimized by it, not having had any understanding of what they were supporting.