Disney World sued by mom of boy killed in bus accident

[CR Resort Fan 4 Life]

http://thedailydisney.com/blog/2010/10/disney-world-sued-by-mom-of-boy-killed-in-bus-accident/

 

[nytimez]

Interesting. I didn't pay too much attention when this actually happened so maybe I missed it, but how did police determine the bike was unsafe and had a flat tire? Once it's dragged under the bus, it's pretty hard to determine what it was like beforehand, no?

 

[mrsksomeday]

Interesting. I didn't pay too much attention when this actually happened so maybe I missed it, but how did police determine the bike was unsafe and had a flat tire? Once it's dragged under the bus, it's pretty hard to determine what it was like beforehand, no?

http://thedailydisney.com/blog/2010/06/fhp-boy-at-fault-in-fatal-disney-bus-crash/

The little girl with Chase told the police it was flat:

"Alexis told investigators that Chase’s tire was flat, but she didn’t “think he was having trouble” steering or riding the bike. She was riding several feet ahead of Chase and didn’t witness the actual crash."

 

[Oglet]

Horrible Horrible Horrible Story no matter who is to blame or whatever the circumstances are.

I will say that as a parent I feel it is my duty to ensure any bike my child might be riding is in a safe condition, I also wonder about the level of road safety education that had been provided to the child.

My son is 11 and whenever we take him anywhere new and he rides his bike I always look around the area and explain boundaries and things that he needs to be extra careful about, especially if there is traffic in the area. Even if it doesn't involve a bike and my children are just out playing I make myself aware of any potential problems when determining where and where not they can play.

I really think this suit is going to have a hard time going anywhere especially with the FHP's statements and findings however Its quite possible that Disney will settle out of court simply because they don't want to be seen attacking a grieving mother about her parenting skills.

 

[dallastxcpa]

My thoughts are with the family. What a terrible loss.

However, I noted that they are also suing the bus driver. I feel so bad for the bus driver. He/she has to live with the fact that the bus they were driving killed a child and then to have the family sue you saying you were negligent.

 

[KINGBOBOFTHENORTH]

I really think this suit is going to have a hard time going anywhere especially with the FHP's statements and findings however Its quite possible that Disney will settle out of court simply because they don't want to be seen attacking a grieving mother about her parenting skills.

It's been my observation that Disney does not settle out of court if there is no liability. I applaud them for that. Sure this is a very sad case but the burden will be on the plaintiff to prove Disney was negligent. They'll likely dig up some "expert" from somewhere that's going to come up with a litany of things Disney supposedly did improperly. It's possible Disney will "third-party" the claimant's mother into the case in order to have a different place for the jury to put the liability while at the same time force her attorney to defend her at great expense.

Defend winners, settle losers. The monorail case will ultimately get settled; this one should go all the way, IMO.

BobK/Orlando

 

[livndisney]

This woman was on the news right after the accident talking about suing Disney. She was on the news again saying the same thing after FHP released their report stating the driver was not at fault.

I am sorry she lost a child. But suing Disney is not going to bring him back.

 

[lookingforward]

There are so many facts and issues to consider in any negligence suit. What we read in the paper is only a small part of those facts. I am not saying that disney is responsible but remember, PLEASE, that they have an ARMY of public relations and press experts who will release all information favorable to them in such matters.

As a police department victim advocate in Florida I know that what you read and what the news tells you is not all that is relevant. If the mom thinks there is something that should have been done on disney's part that was not... then she has every right to sue. That is how changes are made to the way that companies do business.

I find it interesting that the mom's parenting skills are questioned (as they should be) but many find the questioning of disney's operations so repugnant. The entire incident should be reviewed and there should be changes to any standard operating procedures that may have added to or caused the accident. Knowledge is power.

Regardless, the bus driver must have been traumatized by the incident and I hope that he or she is getting the help that is needed. As a member of the state's crisis response team I know first hand how difficult an incident like that must have been to the family, bus driver, first responders and Wilderness staff. A real tragedy.

 

[TinaMedley]

I thought I also heard/read that the boy was with friends/relatives at the time of the accident and she wasn't even with him. I think she was at home at the time. I could be wrong, but I thought I read that. Well, I do feel sorry about the family losing their son, at the same time somebody should of been watching them at going to the pool.

 

[lockedoutlogic]

Disney admits no liability and practically has a puppet court in Orange County....

that being said...they carry tons of insurance and i think the analysis from Team Disney on this one will be to simply offer a settlement out of court and put the matter away.

Not because they have liability...because of the nature of the event.

Remember that while protecting profits is #1 on the priority list....#2 is public relations and image...and they won't want to be seen as being cold or heartless on this one.

just my take on it

 

[VAN]

We've also stayed at Ft. Wilderness many times. Unless the bus ran off the road or did not stop at a crosswalk/stop sign, then there is no way to even begin to prove that WDW could have prevented it. Those roads are built for vehicular traffic and not for bikes. Also, it's not like you couldn't see or hear the bus!! The child was too young to make the judgement call to stop on their bike to prevent getting close to a moving bus. Most adults would have just stopped and waited for the bus to pass if they needed to share the roadway. But the child was out and about without adult/mature supervision. That is the MAIN cause of the accident based on the information that has been published. Add to that a bike with a flat tire ... well, the worse case scenerio came to pass.

The police report shows it was an accident. I think we all agree that, based on reports, the bike was not in good condition for riding and the child was too young to be out riding without supervision. Also, if the child was riding the bike to the pool, did that mean he was planning to swim unsupervised but by a life guard? The WDW life guards seem to be very vigilant, but it is ultimately the responsibility of the adult who brought the child to WATCH them themselves.

It is very sad to lose a child, but to blame others for a lapse in judgement that could have prevented the child from being out there on their own in the first place is wrong.

 

[Uncleromulus]

Exactly how I feel.
My guess is that they will try to show that Disney should have had "warning" signs at each and every corner, interchange, etc, plus 10 miles worth of guard rails, etc.
In short, procedures for bikes that exist NOwhere that I've ever seen.

Ride a bike? Then don't ride into traffic. Pretty simple.

 

[troynkasey]

The boy struck the side of the bus and was pulled under. The bus didn't hit him, he hit the bus. I'm tired of the solution always being litigation. Don't like the outcome? Sue. Someone pass away unexpectedly? Sue someone involved. I have been to WDW many times and know exactly where this happened. Is it conducive to riding a bike? Not completely. This is where parental supervision comes in. If it's not completely safe, why allow the child to ride? If there aren't sidewalks or room on the shoulder to ride/walk then why allow a child to ride their bike in an area that you've identified as unsafe? I don't get it.

I feel aweful this child had to lose his life. It's not fair, but taking Disney to court isn't going to solve anything. Certainly won't bring him back. I think the onus has to be on the parent or whoever was in charge.

 

[Figment632]

This is BS I hate people like this and lawyers!!! Their own neglect and bad parenting led to thus nothing else! I hope they get nothing!!!!!

 

[Disco]

Sorry but 9 is plenty old enough for a child to ride their bike unsupervised. It is also plenty old enough to go swimming. I was swimming by myself at our local rec center by 4th grade.
The only way that a parent would be negligent in this situation is if they knew their child was a retard about traffic/safety issues or that it was an unsafe environment to ride the bike (like times square or down the side of a highway).
The children were riding their bikes down a sidewalk and not the road. So it sounds like it was a perfectly safe environment for them to be in.
My only questions about the situations is how much space was between the road and the sidewalk and was the bike owned by the family or rented from Disney?
From earlier descriptions of the accident it sounded to me that not only were they on the sidewalk but it sounded like there was a buffer of space between the sidewalk and street, like a strip of grass. From the link in this blurb it sounds to me like the sidewalk was right next to the street?
I don't even consider the flat tire to be a part of the problem. Unless there was a sudden blowout, an already flat tire would not have caused him to lose control. If it was a blowout, well what can you say? Accidents happen.
The two most likely catalysts were either the boy did something wrong or it was a freak loss of control. Since no one else was there in the boy's shoes, no one can say his was doing something dangerous/wrong.

 

[Figment632]

Sorry but 9 is plenty old enough for a child to ride their bike unsupervised. It is also plenty old enough to go swimming. I was swimming by myself at our local rec center by 4th grade.
The only way that a parent would be negligent in this situation is if they knew their child was a retard about traffic/safety issues or that it was an unsafe environment to ride the bike (like times square or down the side of a highway).
The children were riding their bikes down a sidewalk and not the road. So it sounds like it was a perfectly safe environment for them to be in.
My only questions about the situations is how much space was between the road and the sidewalk and was the bike owned by the family or rented from Disney?
From earlier descriptions of the accident it sounded to me that not only were they on the sidewalk but it sounded like there was a buffer of space beten the sidewalk and street, like a strip of grass. From the link in this blurb itsoundtome like the sidewalk was right next to the stree
I don't even consider the flat tire to be a part of the problem. Unless there

was a sudden blowout, an already flat tire would not have caused him to lose
control. If it was a blowout, well what can you say? Accidents happen.
The two most likely catalysts were either the boy did something wrong or iwas a freak loss of control. Since no one else was there in the boy's shoes, no one can say his was doing something dangerous/wrong.

Remind me to never leave my children with you!! They let a nine year old ride his bike that had a flat tire in a road that is almost like a highway!!! These people were terrible patents.

 

[mrsksomeday]

The only way that a parent would be negligent in this situation is if they knew their child was a retard about traffic/safety issues or that it was an unsafe environment to ride the bike (like times square or down the side of a highway).

Bolded by me.

How ignorant can you be using that word? You ought to be ashamed.

 

[Disco]

Bolded by me.

How ignorant can you be using that word? You ought to be ashamed.

Maybe the child was retarded, I would then agree that the parents were negligent.

 

[mrsksomeday]

Maybe the child was retarded, I would then agree that the parents were negligent.

Do you mean mentally disabled? "Retard" is a horribly derogatory term that should NOT be used. You really need to educate yourself:

http://www.r-word.org/

 

[Figment632]

Maybe the child was retarded, I would then agree that the parents were negligent.

Wow just wow please dont reproduce we wouldn't want you raising any children!