Injured at a disney resort!

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Anne, you and I are the same wavelength today... I asked the same question a few posts ago. Disney owed them nothing but to make sure that she had the proper treatment. It was the fault of the family with the scooter, not the fault of Disney because the child got out of hand and rode it. Where does it stop?
 
Well, it is OBVIOUSLY Disney's fault. They should never rent one of those electric wheelchair thingies to ANYONE with a child.
Disney should know that parents cannot control their children, hence, Disney is at fault. ;)
 
Just relating my sister's experience. Sorry if I offended. Bear in mind it was a hand written letter sent to Disney by my sister, not a lawyer. She figured the worse thing they would say was "no" and that would have been it. She never threatened any kind of litigation. Just the one lost day at Disney. Perhaps it was the tone of her letter - nonthreatening! Disney chose to have their lawyer call her at her home and offered the 4 day hopper pass. Never even requested that she sign anykind of agreement or waiver.

Most likely they must have reviewed the incident report that their staff filled out and then decided on a course of action. Who knows..

Being run over by a lark, regardless of whose "falult" it is, differs in my opinion from "an act of God" ie rain, tornado, hurricane, etc. Just my humble opinion.

Mittens
 
Just to clarify something about scooter/ecvs. WDW parks and the outside places that rent them will NOT rent them to (or for use by) someone under the age of 18 years.
 

A couple of years ago, dd, then about three, had her tiny hand on the elevator door when it opened. Her hand slid in the crack between the elevator door and the door frame. She screamed bloody murder, peed her pants (all over the floor), and no matter what I did, I couldn't get her hand out. We were yelling loudly for help from someone, a cm. If we closed the door again, her fingers would have been crammed through the door frame lip again. They were absolutely stuck! I felt so sorry for this little peanut. The elevator doors were brass, and she was trying to touch her reflection when the door opened.

Anyway, some security personnel came and paramedics, because we thought her hand may have been broken. The security people went with my father to examine the elevator and got a full report of the incident. The only thing they offered was to pay for dd's medical bills if we chose to take her to the hospital. That would have been a lot on its own.

I asked for nothing. As someone else said s**t happens. I would never have asked for compensation for this little accident even if her hand had been broken. She could have gotten her hand caught in a door in my house, and then who would I have asked for the compensation---myself, of course. That's just silly. I think that we often blame others and look for others to make up for the crazy things, missteps, and mishaps we bring on ourselves.

Security will keep a file on you, and that will follow you to each reservation. That is what I was told. I wonder if you reported the fall at the time it happened. Did you take anyone out to show them the area where the grass and concrete didn't match up for you? That probably would have been a good idea.

Do you think you will stay in the scooter next time you travel? Or are you done with those things altogether? Maybe next time you go you could try it again, as the crowds might be smaller.
 
How funny!! DS also got his hand stuck in an elevator door in a mall when he was about seven or so. It happened the same way you described. We thought his fingers were severed the way he was screaming. In the end he was slightly bruised. We thought it was a fluke thing, now I'm wondering if it doesn't happen fairly regularly?

At any rate, thanks for bringing back the memories of what was a few horrifying minutes that we really laugh about now.

Anne
 
She figured the worse thing they would say was "no" and that would have been it.

I understand that your sister was very polite in the way she asked, I guess I just don't understand why she would even ask Disney for any kind of compensation. It wasn't in any way, shape or form their fault. I wouldn't even have considered asking Disney to compensate me for something like when it was in no way their fault.
 
Thanks Sue for the info.
While that may be the rule, there are a lot of little ones aiming those things.
 
I just mentioned it because the last time someone mentioned seeing a child driving an ecv, I got emails from kids asking me to convince their parents to let them rent one.
 
this is just my opinion..... yes we all know that these little "acidents" are not disneys true fault, they can not control every inch of property, every guest or the weather, but i do believe that as a company they understand that indeed s***t does sometimes happen. people work very hard and save for long periods of time to fully enjoy the whole disney experience and when for some unforseen reason the time is cut short, due to an accident, or mishap.... i think that if they have it doccumented that it happened on property, your name and date of incident, all the legal stuff....
If they chose to be compassionate and compensate you for your unfortunate end to your vacation, I think that it is what is all about... it is not like they are giving anything away- ever..i am sure they have thousands of claims every year, let them be the judge and we should all cut some slack to those who are just asking for advice,
as for the sister who got the tickets i think it is great that disney felt bad enough that this happened and "invited" her back with a new pass...after all i know this was an accident, but she did not ask for it and she def. did not ask to have her vacation ruined!

you never know until you ask....
 
you never know until you ask....

You're absolutely right, you never know until you ask. I'm just saying that I would have never asked, because IMHO, I would be asking the wrong people. If a CM runs over my foot, that is a different story. But to sit back and say "Well, I know it wasn't Disney's fault, but it did happen on their property...wonder what I can get for that" is just not something I would ever consider doing.
 
It would make me feel a lot better if guests who have accidents of their own fault could approach someone at the time of their mishap and say,

"I just had this terrible thing happen which has cut short this wonderful vacation that my family has saved for all year. Can you suggest any ways that I can make the most of the days that I have left. I am uncertain when I will be able to afford to bring my family down to WDW in the future."

That to me sounds honest, sincere, and doesn't try to blame a party that is clearly not at fault, and doesn't unjustly seek compensation. The cms at WDW are generally so kind, and try very hard to go the extra mile. That is why we all keep going there and are crazy enough about the place to frequent a website devoted to it. The cm's would probably try to find a way to help find the happiness in the remainder of the vacation. They may be able to do more than you imagined they might. I think it is completely unfair to the rest of the resort patrons, whose ticket prices are affected and whose room rates increase because of these kinds of accident claims. Someone has to pay, right?

My advice is to proceed kindly, and cautiously, and sincerely. You may be surprised at the kindness of others.
 
i understand it is not their fault and i agree that it shouldn't be about what you can get out of it, i think that it was just nice of them to recognize the fact that the bread in their pockets comes from the bread in our pockets and they did not assume blame, they just plain felt bad. hopfully that if you were in that situation you would be treated fairly. and as i recall i dont think anyone really asked for much. i have had many mishaps myself (being so graceful) but never really asked for anything in return(not at disney but everywhere..i seem to be blessed with more left foot than right...LOL). we all handle situations differently so i think this is probably a subject that could go on for days and everyone would still not agree. :confused:
 
I've been out of the insurance game for quite awhile, but I do recall that there is medical coverage provided for anyone who is injured on an insured's property, regardless of who is at fault. There's a limit to this coverage, of course, but the purpose is to deflect any potential lawsuit which may arise, regardless of it's viability.

The only people, I think, who can appropriately determine who or what is at fault, are the people who investigate and know the details of the incident and applicable law regarding liability.

Sharon
 
This is now off-topic for the Resorts Board and is more of a debate. I'm locking it.
 
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