Injured at WDW!

[lillygator]

after seeing photos of how huge the umbrellas are I find it amazing that no one else was involved....wasn't anyone with your MIL?

 

[#1MMFan]

Name calling (graduate derelicts and ambulance chasers) does no good for the profession either. Perhaps those lawyers who score higher and have better professional ethics might promote their profession by teaching and mentoring new or struggling attorneys instead of finding fault.

It sounds like you have the issue here. I do my best to treat everyone the same in life, and IF you knew me, you'd realise that. To your second point above, I propose you as the leader and first to go forward to educate the uneducated/struggling. Lead the way.

 

[umaangel00]

I agree with everyone else. This topic should be locked up. Name calling is not necessary and for those who think they are better than everyone else because they have a degree, they need to be knocked off their high horses. The dis lately has become just a bickering ground and that is not what this place is all about.

Think of the image we a portraying to new members.

 

[KevinFSU]

I propose that #1MMFan pay for the main participants in this thread to attend a joint task force meeting at WDW in the near future to resolve the problems. I'm thinking at least a week would be needed for discussion, and then another 2-3 days to compile all the suggestions into a workable document. I'm suggesting either the Poly or the GF as the resort. Are there any seconds to this motion????????????

 

[#1MMFan]

Yup, I think, with your lawyer's fees, (which let's face it, are much bigger than my measley NHS paycheque) you should foot the bill. If you foot the bill, I'll do the therapy. There, problem solved. LOL.

 

[UrsulasShadow]

What was the original topic, anyway?

 

[Mskanga]

I don't understand one thing , she had the accident in mid-november , was taken to the hospital where she "checked out OK " but she claims to still be in pain . Why hasn't she gone back to her own doctor already and started treatment?
With all due respect this should have been done already.
I agree with the poster that said accidents happen , people get hurt everyday.
My daughter fell during Gym class recently in school and broke her collarbone, my health insurance paid for it and you know what I am flabbergasted at? that there were people who actually asked me if I was going to sue the school district !
I think people REALLY have to stop this "I'm going to sue" mentality and take responsibilities of the chances we take everyday.
JMHO.

 

[#1MMFan]

Absolutely, Mskanga... hey nice to see you around btw!!

 

[d4est]

Why is this thread still open? Way off topic now...

Life, anyone?

 

[UrsulasShadow]

Why is this thread still open? Way off topic now...

Life, anyone?

At least the mods had the sense to move it to the Community board...

 

[Miss Jasmine]

I don't remember there being umbrella's at the Epcot entrance. I'll have to look Saturday.

Edited to add: Ooops I didn't see they redid the entrance. NEVERMIND.

 

[drakethib]

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

Hope she is feeling okay.

I am hoping that you filed some kind of report with Disney when this happened? If not I think you will be hard pressed to convince Disney of the poor attitude by the manager.

 

[drakethib]

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.

Everyone hates lawyers until they need one.

 

[marlasmom]

Just one question. Should she not be compensated for her pain and suffering? Obviously money won't make the pain go away, but money is the only compensation available.

 

[In a hurry]

Just one question. Should she not be compensated for her pain and suffering? Obviously money won't make the pain go away, but money is the only compensation available.

Why should someone need to be compensated for pain from an accident. Bills paid, etc., I agree. But if you fall down your own steps at home you aren't going to be compensated for the pain, you just deal with it. I think that the same goes for an accident elsewhere.

I can't see how Disney owes something because a CM isn't friendly enough.

 

[TnKrBeLlA012]

I read the OP's post. When I heard lawyer I knew She would be attacked for it. It is very easy to talk and voice an opinion without really knowing the facts. So what if she wants to involve a lawyer? That may be the only way Disney takes her seriously. When I had a security issue at the Pop they basically did nothing! I wrote a letter and their response was,"What is it that you want?" After that I realized they don't care. So good,I hope she does get a lawyer involved. Alot of their manager's have horrible customer service skills. Alot of problems could be avoided if they had better training in that area. When I go to Disney I spend ALOT of money. You better believe I expect great service. I'm doing them the favor not the other way around.

 

[marlasmom]

Likening her theoretical fall at home to her accident at WDW is a false premise. Disney has an obligation to maintain safe condition for their customers and in the OP's case they did not. Your scenario lacks relevance.

 

[TnKrBeLlA012]

Why should someone need to be compensated for pain from an accident. Bills paid, etc., I agree. But if you fall down your own steps at home you aren't going to be compensated for the pain, you just deal with it. I think that the same goes for an accident elsewhere.

I can't see how Disney owes something because a CM isn't friendly enough.

A thought for you. Lets say you fall down coming out of a store and really hurt your back. You can't walk,work,or do your daily jobs because you are in so much pain. You would not seek some compensation from the store? Let's say they just said,"sorry,hope you feel better soon." You would accept that? I really don't think so. It is so easy to judge someone else and what you think the right way to go is. Until something like that happens to you, your example is not very correct.

 

[marlasmom]

The difference is why did she fall at the store. Was the floor defective? Did she slip on something that should have been cleaned up? Was the door jamb defective? If the answer to any of these or similar questions is yes, then the store is responsible. The umbrella at WDW was not properly secured apparently. That makes it Disney's responsibility. On the other hand, if it was so windy that it could be termed an act of God, then they are probably not responsible. But if it was that windy the umbrellas should probably not have been up in the first place. Lots of things to consider.

But my question is - if WDW is indeed responsible, should she not be compensated for her pain and suffering.

 

[TnKrBeLlA012]

The difference is why did she fall at the store. Was the floor defective? Did she slip on something that should have been cleaned up? Was the door jamb defective? If the answer to any of these or similar questions is yes, then the store is responsible. The umbrella at WDW was not properly secured apparently. That makes it Disney's responsibility. On the other hand, if it was so windy that it could be termed an act of God, then they are probably not responsible. But if it was that windy the umbrellas should probably not have been up in the first place. Lots of things to consider.

But my question is - if WDW is indeed responsible, should she not be compensated for her pain and suffering.

I think she should be compensated. They know the weather in Florida. They also know alot of people come under those umbrellas. They should make sure they don't fall. Would if that was a small child or a baby in a stroller that umbrella fell on? I bet people would feel a whole lot different.