Hot nacho lawsuit - 6/8/11 Update: Settlement?

[hildarumpole]

It sounds like the negligent and careless ones were the parents for allowing their 4 year old to pour hot cheese on himself. If the injury was so bad, why didn't they notify someone at Disney at the time of the incident instead of waiting a year? Sounds like the behavior of a family who has found themselves in financial distress and is looking for a sucker with deep pockets to help get them out it. I hope Disney wins this one, or we'll all be subjected to warning stickers and disclaimers on every product with melted cheese. DANGER! Melted cheese may be hot! Don't stick your face in the pizza! Burns and emotional scarring may result!

 

[jcb]

And they are including 50 people, to be named later, as additional defendants.

I see this a good bit in California lawsuits. It might be a local practice but for the life of me I don't see the advantage it gives.

That raises a question. Why is a lawsuit about events that happened in Florida being filed in California? To me, that is a sign of lazy/sloppy lawyering. Torts that happen in Florida should be litigated in Florida.

Look for WDW to ask the litigation be transferred to Orlando.

 

[roomthreeseventeen]

I see this a good bit in California lawsuits. It might be a local practice but for the life of me I don't see the advantage it gives.

That raises a question. Why is a lawsuit about events that happened in Florida being filed in California? To me, that is a sign of lazy/sloppy lawyering. Torts that happen in Florida should be litigated in Florida.

Look for WDW to ask the litigation be transferred to Orlando.

Two points - is it possible that the Walt Disney Corporation is headquartered in California? If that’s where they do their business, primarily, and it’s a friendlier venue than Florida, it’s actually genius lawyering.

Secondly, the advantage of the “we’ll tell you who else we’re suing later” allows you to take depositions mid-case, and use that discovery to inform your defendant list.

Edited to add that the plaintiffs are from San Diego, and the venue is therefore correct.

 

[jcb]

Two points - is it possible that the Walt Disney Corporation is headquartered in California? If that’s where they do their business, primarily, and it’s a friendlier venue than Florida, it’s actually genius lawyering.

Secondly, the advantage of the “we’ll tell you who else we’re suing later” allows you to take depositions mid-case, and use that discovery to inform your defendant list.

Edited to add that the plaintiffs are from San Diego, and the venue is therefore correct.

My response would be complicated and get us way off topic. I really don't want to turn Pete's forum into a civil procedure exam answer. I have done enough of that already and I live in fear of the moderators of this forum.

 

[Lease]

I'm not going to judge what parents are feeding their kids, that's their personal choice. However to not check the temperature of food that is not supposed to be served cold is a parenting fail.
I could be wrong, but don't most parents check to make sure food is not scalding hot before handing it to a toddler/small child? I always check and assumed it was common sense.

 

[Cheshire Figment]

It's not that complicated; you just have to be a CPA and not a lawyer. (But I worked for the Federal Court System's Headquarters for 17 years.)

The Walt Disney Company (TWDC) is a Delaware Corporation based in California.

One of its wholly owned subsidiaries is Walt Disney Parks and Resorts (WDPR) headed by Tom Staggs, and it is based in California.

Walt Disney World Corporation (WDW) is a wholly owned subsidiary of WDPR and it is based in Florida.

Federal law allows for the filing in Federal District Court any lawsuit where the parties are resident in separate states (called diversity of citizenship) and the amount of the suit is at least $75,000 to file in Federal Court.

Technically the suit should have had WDW and not WDPR as the defendant. Either the pleading will have to be amended or the suit can be thrown out as WDPR is in California and therefore the suit should be in state court.

And, of course, Disney can always submit a motion to have the suit moved to the Middle District of Florida.

 

[Hook's Girl]

And, of course, Disney can always submit a motion to have the suit moved to the Middle District of Florida.

Very likely. The back of each Disney ticket (I know you know this ) states "It is agreed between owners of the Walt Disney World Resort and ticket users that all claims for injury or loss arising incident to presence on owner's property shall be litigated in Florida". While a ticket is not a legal document I'm sure they'll try and move it to Florida.

 

[rn4val]

It would be Disney's fault if a cast member was walking by this 4 year old with a vat of hot nacho cheese sauce and spilled it on the child but if something is hot wait a few minutes till it cools off to give it to your child. Are you going to pop something hot right in your mouth. How can people sue for their own carelessness. People take some responsibility for your own actions or realize accidents to happen.

 

[rn4val]

It would be Disney's fault if a cast member was walking by this 4 year old with a vat of hot nacho cheese sauce and spilled it on the child but if something is hot wait a few minutes till it cools off to give it to your child. Are you going to pop something hot right in your mouth. How can people sue for their own carelessness. People take some responsibility for your own actions or realize accidents do happen.

 

[WaltD4Me]

This story was just on my local news and they showed pictures of the little boy, I have to say the burn looked very bad. In fact, I can't imagine how cheese could be that hot. The even warned that the pictures were graphic before showing them. His whole upper lip was burned and the all the skin between his nose and upper lip. I felt bad for the little guy.

I would love to know how the cheese got spilled on his face.

 

[SamSam]

Oh, please! Who gives their toddler food without testing it first!!!!! Nacho Cheese is supposted to be hot, who in the world wouldn't test it first.....those looking for a lawsuit!

 

[DisneyEG]

Must have been pretty hot to burn the skin. Somebody must not have been controlling the temperature points. Foods that are too hot can be dangerous.

 

[KimStaR]

I have to say... all this thread and lawsuit are making me wanna do is... EAT NACHOS AND CHEESE! Just like a few weeks ago when there were the claims that Taco Bell wasn't all beef, yadda yadda.... it just made me want to eat tacos (which I did ). This sounds like a case for Jackie Childs (Seinfeld).

 

[WaltD4Me]

This article in USA Today has a picture of the little boy with the burn.
http://travel.usatoday.com/destinat...-nacho-cheese-injury-at-disney-world/142725/1

 

[*NikkiBell*]

I have to say... all this thread and lawsuit are making me wanna do is... EAT NACHOS AND CHEESE! Just like a few weeks ago when there were the claims that Taco Bell wasn't all beef, yadda yadda.... it just made me want to eat tacos (which I did ). This sounds like a case for Jackie Childs (Seinfeld).

So I wasn't the only one?

 

[daneenm]

This article in USA Today has a picture of the little boy with the burn.
http://travel.usatoday.com/destinat...-nacho-cheese-injury-at-disney-world/142725/1

Ouch! That genuinely looks like it hurt. However, reading the particulars makes me even more ticked off. Child tries to grab tray falling from chair and hot nacho sauce burns him. OK, accidents happen. That is what this is pure and simple. Yet there was lasting trauma and Disney was at fault?? Come on!

I have burned myself several times, my children fall down and get hurt with scars that never go away. No one is to blame, accidents happen.

 

[zianha]

This article in USA Today has a picture of the little boy with the burn.
http://travel.usatoday.com/destinat...-nacho-cheese-injury-at-disney-world/142725/1

Yikes! That does look VERY painful! All I know is that if it was hot enough to cause that burn, I would think it would be steaming and I would have been extra cautious with the cheese until I could cool it off. My kids are 8yrs and 12yrs and I STILL check their food (whether I make it at home or from any restaurant) because I know they don't usually stop to test how hot it is first. Accidents certainly do happen, but I would never have thought to sue because my child accidentally tipped hot cheese on himself. I'm interested to see how this suit plays out.

 

[Justin Jett]

Buy the kid a Segway, and be done.

 

[dntd]

I think the mom should have had her trip refunded that's it.Kid has been burned with food not typically hot, never have I ever had to cool down nocho dip(soup yes, the kid looked like he needed medical attention, which means time away from the park, also the kid isn't going to hae much fun on that trip hurting . We went to starbucks and bought hotchocolate, normally the kids drins are just warn, however that time it was hot which scare him and he spilt the drink on him causing a burn, while I should have checked it, it was implyed that it would be kid safe. I'm not a person to sue so I asked if he could have a cookie instead of another hot chocolate.

 

[*NikkiBell*]

The hot cheese sauce at Pecos Bill's and Cosmic Ray's is kept extremely hot. I have noticed it on many occasions, but also know that it cools down by the time I get to my table. This still surprises me.