Injured at WDW!

[Ducky4Disney]

My MIL was injured at Epocot last weekend! She just had her bag checked and while she was reloading it, the umbrella above the table fell on her neck! Medics were called as was a manager, but the manager was not a nice guy. He kept telling her that she was fine and should just go into the park. If she felt bad later she could go to first aid.

Well, oncer her face started going numb she agreed to have the medics take her to the hospital. She checked out OK and was given some pain meds. Now she's home and still has neck pain, shooting neck pains. She's not sure if she should get a lawyer, but I think she should. This could be an ongoing problem that she will need treatment for.

While they were waiting with the medics, they saw the umbrella fall over AGAIN! What if it had hit a kid? It could have broken their neck! WDW can withstand hurricanes, you'd think they could secure a simple umbrella.

I can't believe the manager they talked to was so insensitive. They asked what to do about their ticket, could get them reissued so they can use them? The manager said - well use them, just go into the park.

She needs to keep track of her pain and any treatment she has done related to this. She also needs to inform Disney of the terrible treatment from that manager.

What do you guys think?

D4D

 

[misslissa]

Hi there!

I'm am so sorry to hear about your experience. It can make you so shaken when something like that happens.

We came home from WDW yesterday and DF also got hurt! We were on the bus coming home from one of the parks and it was packed... there was no where to stand on the bus. And, DF was near the door of it. While we were standing there, the first time the door opened, a way cleared for us to sit down but the bus door caught DFs arm. He is no wimp and let me tell you, he was pretty shaken up about it. It was red for an hour or so and it hurt to bend, he didn't tell me it had happened until we got to the room.

But, it was still red... and sore for the next two days. That nite, I called the Front Desk and they asked me if he needed 911... obviously he didn't... but, we were unaware of the inward sliding doors, so I would think that is their fault. I wish there was something that they had done, but they said, 'oh, we'll let the bus drivers know that there should be more crowd control'.

I wasn't really pleased with the whole thing, and was actually very shaken... poor DF!

 

[GrimGhost]

....She just had her bag checked and while she was reloading it, the umbrella above the table fell on her neck!.....

Huh?..By reading what you described as the actual incident, I have no idea what exactly happened. I do have another question. Why is a lawyer the first thing that comes to mind? Did she try and call the executive offices at WDW, they are usually VERY sensitive to accidents. I know this personally as I had been involved with one with my son. I contacted them, they took care of the situation. No need for a lawyer. Just my two cents.

 

[kidsister]

Let's sort through this:
Your mom was hurt.

The manager was afraid he'd be blamed (it happened on his watch)...a bad mark on his record or maybe even dismissal. So he tried to minimize the incident.

Which sure didn't help your mom who was HURT and needed validating (and medical treatment)

Had the manager been helpful and solicitous...I seriously doubt OP would now be thinking lawyer. But obviously, the manager had no clue as to how to handle such a sitch.

Hopefully, you got the name of the manager. Please write a detailed report to Disney..perhaps someone here can give you the address of the appropriate department. Enclose the medical bills. Tell Disney what you would like them to do to resolve the issue: 1. retraining for the manager 2. securing of the umbrella (mentioning it fell again) 3. a refund of any unused tickets. 4. prompt reimbursement of medical bills (but I am thinking if it was covered by your insurance that you cannot double collect) etc.

Be firm AND polite. Do NOT threaten lawsuit. Report back to us what happens.

Just my 2 cents!

 

[TrvlLin]

Was there an incident report filed? Do you have the name(s) of the manager and witnesses? I sympathize totally with your concern, but, these are the first questions a lawyer would ask you, in order to corroborate your MIL's injury. A hospital report will be helpful, but will not definitively document the cause of the injury. If you have names of the eyewitnesses and the manager who was called, I would pursue the issue with Disney before consulting a lawyer. A lawyer should be your last resort, as it is extremely difficult to win in court from Disney. Disney employs a whole fleet of lawyers, who are very, very good at what they do. Also, it is my understanding that any suit against Walt Disney World would have to be tried in the State of Florida, which might be difficult for you. Don't mean to be a wet blanket, but I'd go back to Disney first, be firm, and see what happens there first. Lin

 

[DrTomorrow]

[...]Had the manager been helpful and solicitous...I seriously doubt OP would now be thinking lawyer. But obviously, the manager had no clue as to how to handle such a sitch.[...]

It's my understanding - at least in the retail and food service industries - that quite the opposite is true. If someone in authority is helpful and solicitous - "Oh, I'm so sorry. We should never let something like this happen. Please get up and sit in this chair" - it can often be interpreted as both admission of liability and worsening the injury. In a society where people will sue because hot coffee isn't labeled "hot", sleeping pills don't warn that "the pills will make you sleepy" and because a can fell out of an 'over-filled' grocery bag [true story], the manager has to look out for Disney's interests. It's really sad, because many people would forego a lawsuit if there was a simple admission of guilt and an apology - but the current systems says that's the absolute worst thing to do.

Sorry about your MIL, though - and I hope WDW execs make good.

 

[Schmeck]

Yes, hopefully you have the name of the manager, the time it occured, the names of the security guards, etc. Otherwise, you're up the creek about getting anything done, any which way you plan to proceed.

I wish you the best, and I hope all gets resolved quickly for you.

 

[kellyg403]

It's my understanding - at least in the retail and food service industries - that quite the opposite is true. If someone in authority is helpful and solicitous - "Oh, I'm so sorry. We should never let something like this happen. Please get up and sit in this chair" - it can often be interpreted as both admission of liability and worsening the injury. In a society where people will sue because hot coffee isn't labeled "hot", sleeping pills don't warn that "the pills will make you sleepy" and because a can fell out of an 'over-filled' grocery bag [true story], the manager has to look out for Disney's interests. It's really sad, because many people would forego a lawsuit if there was a simple admission of guilt and an apology - but the current systems says that's the absolute worst thing to do.

Sorry about your MIL, though - and I hope WDW execs make good.

I also am management in retail and during training we are also told this. Of course we are to be understanding of the person and situation but we are never to admit liability. We are not even to call an ambulance unless the patient is unconcience or actually asks for one. It is sad in today society that we can not do simple things like be nice for fear the company will be sued. I hope that you are able to work this out, that Disney is able to help. As for the manager, he probably was doing what he thought he was supposed to do..and I know that is not comforting.


Kelly

 

[Ducky4Disney]

Let me explain more about what happened (from what she said). The guard at Epcot made her empty the contents of her bag completely, not just poke around with a stick like some do. She then knelt down (from what I was told) to repack her bag and the umbrella above the table fell and struck her across the neck.

I think she was kneeling down to repack because there is no place between the bag check and turnstile to reorganize your stuff.

I totally understand what you guys mean about the lawyer thing. I don't think they are preparing to attack Disney over this, but they want to be prepared should thier requests not be taken seriously or attended to. Also, my MIL is currently going through a terrible lawsuit brought on by her own brother - the second time he is suing her over family issues - long story! I think that makes her a little over cautious and that's why the word "lawyer" came to mind. She had to protect herself from her own flesh and blood, so the possibility of dealing with a corporation can seem daunting.

I absolutely encouraged her to call/write/e-mail Disney and if she needs addresses to let me know. I told her that she HAS to let them know about the manager - you can't expect them to address a problem they don't know about. I really hope that they will help her and take care of her medical expenses, but if this turns into an ongoing health issue (pinched nerve, herniated disc, whatever), Disney might opt to settle it so they don't keep getting medical bills from her - in that case, I would think that getting a lawyer would be good for her. Not to sue the pants of Mickey, just to be sure the settlement is in her best interest.

A note about the managers attitude - I can see both sides of the coin on this one. To fawn over her could be seen as an admission of guilt, but to blow off the possibility of a severe injury is not right either. He made her feel like all he wanted her to do was go into the park - just get in the park. I think there's a middle ground somewhere, where he can acknowledge her injury and needs without admiting guilt or showing fault.

I work in health care and my patients come first not my job. Fear of dismissal or disciplinary action should not cloud your vision when it comes to dealing with someones health. That's how my mind works, but if I were in retail managment, I can see how this is not strongly advised.

D4D

 

[kellyg403]

After reading a lengthier sequence of events, I do believe the Manager should have been more compassionate. It is a fine line and good customer service often times means walking that fine line. There were many options he could have used to be sympathetic. I hope you guys are able to work this out and yes, I do think that Disney should be told how things were handled.

Kelly

 

[almacdonald]

I think that calling a lawyer is over-reacting here. It brings to mind situations where people in small fender benders suddenly get whip-lash after someone suggests how profitable the accident could be. No wonder insurance costs are so high..............

 

[Ducky4Disney]

I think that calling a lawyer is over-reacting here. It brings to mind situations where people in small fender benders suddenly get whip-lash after someone suggests how profitable the accident could be. No wonder insurance costs are so high..............

I know what you mean. My MIL is a very fair and understanding person. She would never use this situation for personal profit, just to take care of her expenses incurred because of the injury. If you read my follow up post, you might see that I tried to explain that better.

D4D

 

[ptrbryant]

I guess her doctor would be the one to ultimately decide if her injuries are indeed severe or just a temporary discomfort. It is very unfortunate that it happened in the first place---given the wind in FL, I'm surprised the umbrellas aren't better secured.
I hope your MIL feels better soon!

Karla B.

 

[Got Quattro?]

This is exactly whats wrong with the world. Accidents happen, and people get hurt.

Deal with the pain and move on. There should be no need to contact anyone.

 

[tiki23]

I hope your MIL is able to recover fully and Disney is helpful to her.

However, ITA, that if a doctor determines that this looks to be a health/pain issue that will bother her for a significant amount of time, that a lawyer should be consulted. Disney was at fault here, they were negligent in the fact that the umbrella was not well secured. It is not being "sue happy" to consult an attorney over a situation like this. Head/neck/back injuries are such that they can affect your quality of life and even your ability to work.

I work in an industry where risk managment is always at the front of our minds - the company motto is "Thou shalt not increase liability to the company! - but try as we might, we know that accidents happen, and on rare occasions, we have to pay. That's what insurance is for.

 

[phamton]

We came home from WDW yesterday and DF also got hurt! We were on the bus coming home from one of the parks and it was packed... there was no where to stand on the bus. And, DF was near the door of it. While we were standing there, the first time the door opened, a way cleared for us to sit down but the bus door caught DFs arm. He is no wimp and let me tell you, he was pretty shaken up about it. It was red for an hour or so and it hurt to bend, he didn't tell me it had happened until we got to the room.

The same thing happened to my husband a couple of years ago. He tried to get his arm out of the closed door and couldn't. Several other guests helped him pull the door open enough to get his arm out. We all tried to get the busdriver to open the door but I don't think he heard us. We did tell the busdriver when we got off and he just shrugged. My husband's arm was sore for a couple of days but we never contacted anyone and assumed it is just one of those unfortunate accidents.

 

[Lorikr65]

This is exactly whats wrong with the world. Accidents happen, and people get hurt.

Deal with the pain and move on. There should be no need to contact anyone.

Wow, that's really insensitive. If someone else's neglect causes money out of your pocket then, yes, they should be liable. That's why we all have car insurance. If there's an accident your insurance company pays the person. That's like saying that if you get into a car accident and it's the other person's fault you should pay for the damage to your car.

She's not talking about suing the pants of Disney - just to cover medical costs that would have come out of her pocket. To sue to gain money is sleazy and another story all together.

 

[Ducky4Disney]

This is exactly whats wrong with the world. Accidents happen, and people get hurt.

Deal with the pain and move on. There should be no need to contact anyone.

You must be a very understanding person to be able to just shrug off personal injury like that. "Who cares that my house burnt down due to my neighbors burning pile of leaves, just an accident, no porblem - I'll pay for it". You must not carry car insurance, home owners insurance, or health/life insurance either - I mean, why call someone?

Gee, you wouldn't happen to be the manager that attended to my MIL would you? You sound kinda like him...

D4D

 

[jann1033]

I know what you mean. My MIL is a very fair and understanding person. She would never use this situation for personal profit, just to take care of her expenses incurred because of the injury. If you read my follow up post, you might see that I tried to explain that better.

D4D

ok i've only read the posts till here and might be asking for it( ) but i'd get a lawyer...i was hurt at a hotel(not at wdw but short version, the only door had a broken light & a cracked step which i fell down since i didn't see it in the dark, broke my foot in a bad way..not that there is a good way but the outer bone instead of the top bone. it has never healed, i can not wear hardly any shoes( no heels, most tie shoes are out, nothing that puts pressure on my toes etc etc, shoe sellers hate me) and it hurts pretty bad pretty often...had i known then what i know now i would have made sure the hotel paid for somethingsince my foot is never going to heal and it cetainly was not any of my fault they had a broken step and light ) hello it hurts me everytime i walk it should have hurt them at least a little for not bothering to keep up their property( a 4 star "resort" btw that also according to a friend who works there is also overrun with roaches go figure )

getting a lawyer does not mean you have to sue them but a good lawyer ought to be able to help you determine what you need in case you do...your mil could have problems for the rest of her life from a "minor accident" like i do.

 

[UrsulasShadow]

When I was working in the tourism industry, my museum's policy was to train personnel to administer first aid, to train interested personnel in CPR, and to train personnel to offer to call an ambulance. This did NOT put them in any more danger of lawsuits, and DID put many sick/injured people at ease, which fostered good will, which discourages this sort of event.

A full incident report should have been initiated by the manager on duty, which would have protected Disney, if it was indeed a simple accident. If it was a matter of a forseeable dangerous situation, then a settlement would seem a reasonable alternative to a full-blown court case. I would think Disney already has this procedure in place, and the manager should have initiated it. Since he didn't, it should be reported ASAP to higher management. I'd say, give Disney the opportunity to respond, before engaging lawyers and all. BUT, KEEP ALL PAPERWORK!