Injured at WDW!

[mhingher]

I'm so sorry-- I hope it's not a long term thing and your MIL recovers soon!!!

I was hurt at WDW last year... but it was b/c of my own stupidity... I was running in the parking lot of DTD to get a funny pic of my dad and DH, when I tripped and fell. My camera went flying, and the Disney medics came. My foot was swolen and blue! I went the rest of my trip wearing nothing but flip flops, and I was pushed in a wheelchair! I saw a doctor when I got home and it turned out I tore a ligament in my foot... It has completely healed (this was 6/04), but I thought I would share my story to give you a laugh!

As for her situation, I would seriously consider getting a lawyer... especially if her doctors say this will be a life long pain.

Good luck!

Melissa

 

[kidzmom3]

when she went to the hospital, how did she register? If she registered with her primary health insurance, they will probably send her a letter to ask if there is any liability. This is your opportunity to not have your health insurance pay, because if they do, you cannot collect for the bills in a suit. You could maybe collect for a copayment or deductible, but is illeagal to be paid twice for the same issue. Co-ordination of benefits. Most hospitals have the abililty to put in the name of a store, business etc.... as the payor for this kind of accident. If she registered this way in the beginning it would be better.

 

[pedro2112]

when she went to the hospital, how did she register? If she registered with her primary health insurance, they will probably send her a letter to ask if there is any liability. This is your opportunity to not have your health insurance pay, because if they do, you cannot collect for the bills in a suit. You could maybe collect for a copayment or deductible, but is illeagal to be paid twice for the same issue. Co-ordination of benefits. Most hospitals have the abililty to put in the name of a store, business etc.... as the payor for this kind of accident. If she registered this way in the beginning it would be better.

Absolutely incorrect. Please have your bills paid for in what ever way possible. It will not affect your ability to recover from WDW, and in fact, if your personal insurance pays for the bills, it may even be beneficial to you in the long run.

 

[pedro2112]

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.

Exactly! As an attorney who handles personal injury claims, the vast majority of people that come through my doors looking for counsel do so because they have been treated rudely by companies or insurance companies (i.e. not paying bills, refusal to call them back, etc..). To the poster that said it was a "sad day" because they couldn't help out people, in the OP's situation, it was Disney's fault, so they should have help.

 

[Hawk]

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.

Well you got the word "Negligent" correct. Just because a person is "hurt" doesn't automatically mean that millions will come rolling your way. That is the problem with many in the general public today, I want to win the lottery or sue the pants off somebody, just don't make me work for a living.

I've tried to be quiet for a while, but I can't keep my mitts off this one.

First, you have to prove that WDW was negligent. No, an umbrella falling on you, while probably painful, does not prove that WDW acted with negligence or failed to take the proper care. More facts are necessary. Did WDW act reasonably in the installation and upkeep of the umbrella? We can’t tell from the OP. Did the OP act reasonably? Again we don’t know. Get the picture all you arm chair "OJ Simpson quarterbacks!" (no pun intended).

Yes, some pathetic pitiful legal stiff would take the case so he, she or they can rake in their 1/3 or ½ contingency fee. We call this a nuisance case. WDW may shell out some cash to just get rid of the slime and in the end we will all pay for it. This is today’s game. To be sure, there are those who do get hurt and deserve just compensation for the negligent or intentional acts of others. In fact, many who get hurt and deserve compensation never seek it. But it is more often the case that someone is looking for a pot of gold. They may find it or some part of it, but it breaks the backs of the honest people with higher insurance premiums, higher prices and closure of good companies. Good lawyer, bad lawyer you tell me. This is the world we live in and only we can do something about it.

Nothing against the OP, except maybe being a little anxious. I believe you have three years to bring your cause of action. You may be jumping the gun a bit. Get the injuries fixed first, then look to see who or what caused the harm.

Tim/Hawk

 

[KeepSwimming]

I am SOOO sorry this happened, and I'm really keeping my fingers crossed that your MIL is OK.

I'm confused...what exactly is wrong with your MIL now? I know you said she still has some residual pain, but have the doctors diagnosed anything?

 

[Ducky4Disney]

First of all, thank you for all the interesting responses. I really appreciate the fact that this discussion has been kept civil. I was looking for honest opinions and that's what I got. It's nice to be able to trade points of view with others.

I am not sure what the injury entails. I've only spoken to her a couple times with her about it. She just mentioned shooting pains down her neck and it doesn't "feel right" when she turns her head. I'm sure she is following this up with a doctor, who knows what it could be.

I agree with a lot of the things being said here. Getting a lawyer doesn't mean she's going to sue, but to have legal counsel and advice might be good. I have a feeling that Disney will be consulting a lawyer.

Back and neck injuries can be very hard to diagnose and treat. Just when you think you're OK the pain comes back. Or it's aggravated by activites you once enjoyed and you have to stop them. Getting this pinpointed and treated properly could take many doctor visits.

Whether or not Disney is negligent - all the talk about how the umbrella was secured or kept up, that's a good point. I can see how that comes in to play, but I would think (as a layman) WDW is still responsible. If my table umbrella fell on a houseguest, my home owner's insurance would have to pay - even if I did reasonable upkeep on it. But it will be interesting to see how that works out.

I want to reiterate that I think this can be (and will be) handled without suing. She needs to place some calls or write some letters and be firm about what happened. She also needs to be organized with any medical attention she receives in relation to the injury.

D4D

 

[MrsTink04]

I would certainly give WDW the opportunity to make it right. If they do not, hiring a lawyer to represent her personal interests, not sue, would be a good idea. I work for an insurance adjusting company and we see this kind of stuff all the time. MOST companies or their insurers take care of medical bills, etc. without having to get lawyers involved.


As far as negligence goes, that is a BROAD topic. There is the issue of ordinary care on the part of the insured (WDW) and the claimant (your MIL). Obviously, your MIL did not make the umbrella fall and did not notice that it might fall, or she would have moved to protect herself. (So, she would have been exercising ordinary care) However, WDW obviously did not have their umbrella secure enough, and it fell. I believe that makes them liable for injuries. I know the statute of limitation in Georgia is 2 years from the date of injury and the claimant cannot recover after that unless a lawyer files suit. I would tell you to instruct your MIL to NOT let it come to this. WDW IS insured, and it would be up to their insurance carrier to take care of the situation. And...no she cannot get paid twice for the same injury, however, if WDW is liable, her health insurance company can get reimbursed by WDW's insurance carrier.

Bottom line and long story short, encourage your MIL to get on top of this now and handle it as amicably as possible.

 

[WDWBetsy]

Did your MIL file an accident report with Disney? That protects her and Disney - and also names those present (who could serve as witnesses if needed). I would think that if a report was filled out, Disney will make it right (that's my hope). Otherwise, it's kinda someone's word against Disney that they had an injury that happened on Disney property.

My grandma fell/broke her hip at an Arby's years ago (she was in her late 80s at the time). She didn't sue or anything because she (and our family) felt that things something just break at that age - the family members present didn't see anything that caused the fall. I will say that Arby's did insist on filing an accident report and paying for her medical bills. Kudos to them for doing that.

What's funny is that my grandma was more upset at not getting to eat her sandwich since she had dropped the tray and then was taken to the hospital. She is a hoot!

(speaking of which - I wonder if I can get DH to go get me a French Dip sub - sorry having early morning cravings... hehe)

 

[tiki23]

*self-edited

Even though the person who quoted me irritated the heck out of me; I'll play nice!

I hope he has a magical day!

 

[Hawk]

*self-edited

Even though the person who quoted me irritated the heck out of me; I'll play nice!

I hope he has a magical day!

 

[bytheblood]

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.

So I guess that means that if you are involved in an accident that paralyzes you and takes the life of a loved one, your response will be "accidents happen, people get hurt, let's move on from this." Lucky for the person that would hit you I suppose.

 

[CleveRocks]

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.

I agree that there are WAY too many frivolous lawsuits where lazy and greedy people who want to work the system rather than work a job get in touch with unscrupulous lawyers who are all to happy to profit from sleazy lawsuits.

However, there are also totally legitimate lawsuits when someone was at fault and caused someone to be injured (or for their property to be damaged). Such lawsuis actually make our society safer. Companies (and homeowners) know they have to keep their equipment and materials properly maintained so that nobody gets injured due to negligence.

So let me ask you this. Let's say I build my kid a treehouse in a tree that hangs over my sidewalk. Let's say that the treehouse has fallen out of the tree onto the sidewalk a few times, but that each time I put it right back without trying to secure it so it doesn't fall again. Let's say that the next time it falls you and your child are walking under it. The treehouse falls onto you and your child -- your arm is badly injured and you're unable to work for a few weeks. Your kid also has to be treated and you have to pay the medical bills for yourself and your kid to be treated. Are you saying you wouldn't want me to pay the medical bills? Are you saying you wouldn't want me to pay you back for your legitimately lost income? PUHLEEZE. If you did ask for it, whether by yourself or through a lawyer, it would not be frivilous or taking advantage of the situation. Do you disagree?

-- Eric

 

[Beca]

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.

This reminds me of a story. My dh works for an international company, and many of his contacts are from Europe. He was with an associate from France, and in a discussion the Frenchman said, "You know...it took me a long time to understand that the litigious nature of the US required manufacturers to place certain caveats on their products. I could not imagine that someone would need to have writing on a bag saying, 'Warning: plastic bag....do not place over head.', or any other such nonsense. I thought, 'Wow....Americans must be really stupid.' It took living and working here to understand the whole principle of CYA."

Now, whenever I see a REALLY obtuse warning, I think of France.....and, how stupid the people think we are!!

Sorry, to go off topic....I just had to share this story!!




Beca

 

[KevinFSU]

As a personal injury attorney here in Florida:

1. There is a four year statute of limitations on a tort claim.

2. I'd say one of the biggest reasons I have a job is because people don't treat people right, just as my fellow attorney from Illinois stated.

3. Make sure your MIL is getting checked out. She probably needs an MRI since she is having radicular problems. That is a sign that a disc could be pressing on a nerve root.

4. You can collect the amount of bills that any health insurance paid out for bills, as most health carriers have a subrogation clause in their contract. They get paid back if you recover for any injuries, although you can usually negotiate the amount you pay back or deduct fees for what you recover for them.

5. Most people that talk about friviolous lawsuits don't have any clue about what they are talking about. Yes they exist, but are probably a small percentage of the total. Most people have absolutely no idea the kind of negligence and medical malpractice that goes on out there.

6. Suit would have to be brought here in Florida.

Any other questions, or concerns, feel free to ask.

 

[#1MMFan]

As a personal injury attorney here in Florida:

3. Make sure your MIL is getting checked out. She probably needs an MRI since she is having radicular problems. That is a sign that a disc could be pressing on a nerve root.


Any other questions, or concerns, feel free to ask.

Interesting points, but I'd be very careful to stick the law aspects, and let those with medical degrees (myself included) advise on the medical aspects.

I am not sure what the injury entails. I've only spoken to her a couple times with her about it. She just mentioned shooting pains down her neck and it doesn't "feel right" when she turns her head. I'm sure she is following this up with a doctor, who knows what it could be.

If this is the portion of the history to which you are referring to as suggestive of "radicular problems" then this is clearly not entirely correct; there are many reasons why the OP MIL may have these symptoms, even with a soft tissue injury. I would hesitate to be a scaremonger without examining the person first.

 

[UrsulasShadow]

Interesting points, but I'd be very careful to stick the law aspects, and let those with medical degrees (myself included) advise on the medical aspects.



If this is the portion of the history to which you are referring to as suggestive of "radicular problems" then this is clearly not entirely correct; there are many reasons why the OP MIL may have these symptoms, even with a soft tissue injury. I would hesitate to be a scaremonger without examining the person first.

Hear, hear!

 

[KevinFSU]

I didn't tell her to go to an attorney for medical treatment. I told her to make sure she was getting checked out. I also was suggesting a diagnostic, which most doctors will order in such a case, given a neck injury with a radicular component (not to mention just regular 'ol x-rays).

 

[Hawk]

So let me ask you this. Let's say I build my kid a treehouse in a tree that hangs over my sidewalk.

Let's say that the treehouse has fallen out of the tree onto the sidewalk a few times; but that each time I put it right back

"without trying to secure it "

so it doesn't fall again. Do you disagree?

-- Eric

Who would disagree given these facts? Not trying to secure it is not reasonable under the circumstances you've given. The OP's facts are somewhat different, unless I am reading it wrong. Your example is not even close to the OP's. Nice try, that's why there are lawyers.

Tim/Hawk

 

[laura001]

Wow...all of this because of an umbrella! Disney should have been a little more astute with the care and attention given, but I do agree with someone else that posted, enough is enough, accidents happen. That is what it is.....an accident.

I would follow up with a letter and perhaps a few calls to let them know you were disatisfied with the treatment and also to make sure that something is put in place so that it doesn't happen again (if it hasn't already).

Yes, it is awful that she sustained any injury at all and hopefully it isn't serious, if it isn't, just call it an accident and move on. Life is too short to be worried about things if they aren't serious.