Lawsuit at Disneyland - woman who fell when exiting Jungle Cruise boat

[bluecruiser]

Article from Orange County Register - Disneyland employees laughed at struggling disabled guest before deadly fall, lawsuit alleges

We've had discussions before about Disney's use (or non-use) of boxes to make the steps on Jungle Cruise boats easier for people who can't do such steep steps. Although I've never been able to personally confirm the use of these boxes, they do exist. I'm guessing after this incident the box steps will no longer be used.

 

[DLgal]

The part of the lawsuit that seems shady is the accusation that "the cast members refused to help her." They literally are not allowed to help you. They can't really touch you. That's the rule.

I feel for these daughters, but transferring into and out of ride vehicles is an "at your own risk and under your own power" type deal at Disneyland and they are very clear about that.

This woman should not have boarded this attraction and when told the special wheelchair boat was not available, just accepted that and moved on to another attraction.

No doubt they will settle this lawsuit out of court. No one would ever blame Disney for this outcome. There was no ride malfunction or any other contributing factor to the woman falling.

 

[elvispursley]

I also find it shady that they claim the CMs stood around and laughed at her.

 

[MinnieMSue]

I don’t believe for a minute that they stood around laughing at her. If anyone was laughing it was probably something completely unrelated to this woman. I do believe they did not help her out since they are only permitted to provide a steadying hand. That is the rule and in my opinion perfectly acceptable. Also the woman and her family should have completely known that it is hard to get out of all of the boats. That is common sense. I know nothing about blocks added for steps. I honestly put responsibility on the woman and her family for making a bad decision. It is unfortunate what happened but common sense is she isn’t going to be able to get out of that boat. That is why my father could not ride a lot of rides. We knew he could get in but would never have been able to get out.

 

[voxparse]

Sounds like a whole lot of bull-youknowwhat. I personally fell getting on Jungle Cruise during our last trip. No big deal for me, falling is part of having a wheelchair and being active but every CM within eye sight was absolutely mortified. Every one of them clearly wanted to help but they can't. The lead for the ride crew came running over to check on me and everyone was super cool about it. Only injury was luckily a bruised ego but I don't believe for a second that CMs laughed at someone falling. There very well could have been laughter from other guests in line but it also could have been jokes being told and completely unrelated to someone falling.

 

[KPeterso]

Not buying the story about the cast members laughing at her. They were probably chuckling amonst themselves about something one said to the other. I have stood at the exit off to the side enough times waiting for the special boat to hear a lot of their conversations. I agree that if she fell that some of the onus should be on the family as they knew her limitations and still went on the ride. I have actually seen the "boxes" in action and there is no way I would let my disabled family member use them. They are not super steady looking even if someone is standing with a foot against them to give them more stability. If the special boat was not available, they should have skipped it and come back later to see if it was brought out later in the day. That is what we have had to do a few times.

 

[HopperFan]

I don't think it's clear that the W/C accessible boat was out of service, just that it was not there when they arrived. Either way the family decided together THEY could get her in and out of the boat themselves.

At the end she was unable to get up the steps due to her legs and disability and her family was unable to pull/push/lift her out of the boat. All of this points to they should have known there was going to be a problem and should not have gotten on the ride. THEY took all the risk.

I don't know anything about these block steps and don't know why anything not secured would even be allowed OR are they? SHE lost her balance and fell backwards. Where were her daughters? Why weren't they holding her? Why wasn't one behind her securing her back/balance? Again, all of this points back to them.

I do not believe for a minute any CM was laughing. This is likely them throwing some extras into the story to get more out of Disney. Unless they provide video proof, it did not happen.

Disney CMs can NOT help! CAN NOT HELP! Why would they anyway, helping her puts them all at serious personal liablity on top of Disney. The daughters are responsible for his accident, they should have told Mom, no we'll go do something else.

She didn't die from a fall or broken leg, she died from septic shock which a medical professional said you do not get from a fall or broken leg. Her inability to recover quickly putting her in a rehab for 5 months was likely due to her overall medical issues that make a heal more difficult.

AND since DH currently has a broken tibia from a fall but is walking about in a boot at moment ... how do we know she didn't already have a broken leg and the fall just made it all worst??

Disney has their slip and fall insurance and likely they were or did negotiate coverage of her initial medical attention. Beyond that the family is responsible. But you know Mickey is a cash cow to many.

NOTE: I travel with a disabled adult. I know everything we do is ON ME to take care of him. In the event of a true physical situation I know either I have to pull a popeye or ask for a medical team to be called. He did have a huge major event once, I didn't want medical so I requested a wheelchair and I somehow got him up.

 

[Groot]

I REALLY don’t believe that anyone laughed at her. That would be uncalled for and unprofessional.

I also haven’t heard of these “Box Steps”. Are they built sturdy enough (like wood or something similar) or are they just cardboard boxes that are flimsy as soon as you step on it? (Pics would help).

I don't think it's clear that the W/C accessible boat was out of service, just that it was not there when they arrived. Either way the family decided together THEY could get her in and out of the boat themselves.

At the end she was unable to get up the steps due to her legs and disability and her family was unable to pull/push/lift her out of the boat. All of this points to they should have known there was going to be a problem and should not have gotten on the ride. THEY took all the risk.

Yeah, it wasn’t until a few years ago when I watched a YouTuber that I discovered that Jungle Cruise had an accessible boat, so I decided that next time I go on vacation, I’ll try it out (Unfortunately, the next time I went was after one of the lift boats sunk and it was all over the internet.)

I don't know anything about these block steps and don't know why anything not secured would even be allowed OR are they?

Yeah, the only transfer devices I’ve seen on rides are either “Bump Steps” (Like on Runaway Railway), a built in transfer board (Like on Dumbo), or a built in ramp (Like on Living With the Land).

SHE lost her balance and fell backwards. Where were her daughters? Why weren't they holding her? Why wasn't one behind her securing her back/balance? Again, all of this points back to them.

THIS!

 

[Lewisc]

I had never seen the ‘box’ in use at Jungle Cruise until a few days ago when I saw someone getting out who used it. The other guests got off the boat first, then the CM placed the box next to the boat and stabilized the box. The woman using the box stepped out, with the CM offering a hand for steadying and the woman’s companion inside the boat for additional steadying.

The posters in this thread are all "pro Disney".

I agree, it's likely most of the blame is with the woman and her family.

Read the post I quoted, evidently some CMs offer some assistance. QUOTE WAS FROM A THREAD LINKED BY A POSTER IN THIS THREAD.

I wasn't there. Is it possible some, rude CM chuckled when the guest first started to struggle, before realizing how serious the situation became? CM call for assistance after a guest falls. At what point should.a CM help before a guest falls? Clearly the box wasn't appropriate to the needs of the guest. Should the CM realized the guests mobility was restricted to the extent the box shouldn't have been offered? Should the.box available to any guest?

I don't think the lawsuit is as frivolous as posters imply. A jury doesn't have to conclude Disney is 100% responsible nor that the guest is 100% responsible.

 

[mcall12]

I wasn't there. Is it possible some, rude CM chuckled when the guest first started to struggle, before realizing how serious the situation became? CM call for assistance after a guest falls. At what point should.a CM help before a guest falls? Clearly the box wasn't appropriate to the needs of the guest. Should the CM realized the guests mobility was restricted to the extent the box shouldn't have been offered? Should the.box available to any guest?

Is it also possible that the CMs who may have been laughing weren’t even observing this situation? I haven’t been to Disneyland but in WDW there are often upwards of 6 cast members on the dock where guests unload. Usually one stands at each entrance to the boat with a foot on the dock and a foot on the top step with a hand out to steady as guests depart. Often I notice the other CMs chatting and laughing among themselves, as coworkers do. Is it not possible that this alleged laughter was unrelated to the woman’s fall? Her family is upset. Understandable. But they accepted responsibility to help her when they decided to ride without the accessible boat.

Do I think the lawsuit is frivolous? Not necessarily. But did they also sue the hospital where she had the surgery (as infection would be a known risk of any surgery)? The rehab center where she received post surgical care? That they sued Disney (with likely much deeper pockets than the hospital or rehab center ) is, of course, their right. But that doesn’t guarantee anything, certainly not closure for a grieving family that may not prevail here. Disney will probably settle IMO.

 

[KPeterso]

I also haven’t heard of these “Box Steps”. Are they built sturdy enough (like wood or something similar) or are they just cardboard boxes that are flimsy as soon as you step on it? (Pics would help).

I have seen the boxes in person. We rode with a family that used them for a family member. It was definitely within the last year as it was the first time I had ever seen them. They look sturdy (a hard wood type box), but there is nothing to hold them in place. It was like 1 box goes on the seat and one on the floor. The person would step from the dock to the first box, then down onto the seat and then to the second box on the floor and then to the floor. My Mom now loads in the wheelchair as the step was too much and after her heart surgery, we did not want to put stress on her pulling herself up with the bars. And I honestly would not think to use the boxes either as I do not think they would be 100% stable with nothing or no one holding them in place. Either way, her family should have been helping her with the step. I am confused on her falling backwards - was she not holding onto the bars or did she let go?

 

[gottalovepluto]

Sounds like they’re throwing it all the wall to see what sticks. It’s CA, I get it. By their own admission she got into the boat knowing she could not get out “Exiting the boat was more difficult as it required her to propel her body upward with her lower legs, which due to her disability was not possible” so that’s gonna be hard to work around but who knows? Maybe the unsecured boxes will do Disney in here.

As for the CMs who wouldn’t help her- goodness gracious if a CM had touched her they too would be getting tangled up in this wrongful death lawsuit (to those who didn’t read she died of septic infection in rehab 5 months later so Disneyland is getting tagged for the wrongful death). If anything this will be held up as an example to CMs reminding them no matter how bad you feel for someone people are litigious and policies are in place for a reason…

 

[Lewisc]

Do I think the lawsuit is frivolous? Not necessarily. But did they also sue the hospital where she had the surgery (as infection would be a known risk of any surgery)? The rehab center where she received post surgical care?

I have no idea if the family filed a malpractice action. I have no idea if a malpractice complaint is newsworthy. I.have no idea if the hospital and family reached a confidental settlement.

 

[SueM in MN]

The posters in this thread are all "pro Disney".

I agree, it's likely most of the blame is with the woman and her family.

Read the post I quoted, evidently some CMs offer some assistance. QUOTE WAS FROM A THREAD LINKED BY A POSTER IN THIS THREAD.

I wasn't there. Is it possible some, rude CM chuckled when the guest first started to struggle, before realizing how serious the situation became? CM call for assistance after a guest falls. At what point should.a CM help before a guest falls? Clearly the box wasn't appropriate to the needs of the guest. Should the CM realized the guests mobility was restricted to the extent the box shouldn't have been offered? Should the.box available to any guest?

I don't think the lawsuit is as frivolous as posters imply. A jury doesn't have to conclude Disney is 100% responsible nor that the guest is 100% responsible.

The assistance CMs can and do offer at Jungle Cruise for guests who transfer is a ‘steadying hand’. They also can tie off and steady the boat and place/steady the blocks if they are used.

They don’t and can’t lift or transfer a guest. These things have been mentioned on this board (and other places on the internet) many times over the years.

One of the things I’ve mentioned over and over is guests need to look at how they will get into and out of ride. Gravity is usually your friend getting in and your enemy getting out.
From the account I’ve read, she was able to get in, but fell getting out because she couldn’t step up/propel her body high enough. It is the guest’s responsibility to know what their abilities are and whether they can safely get on and off - that’s not something CMs can possibly know. It sounds like she underestimated how difficult it would be to get out. It’s very possible that her daughter’s didn’t really know the extent of her disability. Or, her abilities may have decreased more than they knew. Or, they figured since she got in OK, she could get out OK. That’s not in the news story.

I have personal experience with someone who got into a boat with no problem, but had trouble getting out. Many years ago, my DD and I met Cheshire Figment at EPCOT. He had mobility problems and used an ECV to get around. We chose 2 rides to go on because they had a wheelchair car for my daughter. The first was Imagination, which had just been re-reimagined to add Figment back to the ride. That one is pretty much a flat step in/out and went fine. The other ride was Mexico, which he walked down the ramp and had no problem getting on; getting off was another matter. He couldn’t turn around to walk back up and couldn’t lift himself to get out of the boat from the side. The CMs said if he could not get out, Reedy Creek FD would be called. One of the Mexico attraction CMs was a friend of Cheshire Figmrnt and said he couldn’t assist as a CM, but was willing to as a friend. Between us pulling and pushing, he did get off.

 

[SueM in MN]

Is it also possible that the CMs who may have been laughing weren’t even observing this situation? I haven’t been to Disneyland but in WDW there are often upwards of 6 cast members on the dock where guests unload. Usually one stands at each entrance to the boat with a foot on the dock and a foot on the top step with a hand out to steady as guests depart. Often I notice the other CMs chatting and laughing among themselves, as coworkers do. Is it not possible that this alleged laughter was unrelated to the woman’s fall? Her family is upset. Understandable. But they accepted responsibility to help her when they decided to ride without the accessible boat.

Do I think the lawsuit is frivolous? Not necessarily. But did they also sue the hospital where she had the surgery (as infection would be a known risk of any surgery)? The rehab center where she received post surgical care? That they sued Disney (with likely much deeper pockets than the hospital or rehab center ) is, of course, their right. But that doesn’t guarantee anything, certainly not closure for a grieving family that may not prevail here. Disney will probably settle IMO.

It’s very possible that IF they saw and heard CMs laughing, it was for some other reason. I can imagine the family was embarrassed by her difficulty and interpreted what they saw and heard thru their embarrassment

There is nothing in the news story to see whether they also sued either the original hospital or the Rehab hospital. I’m not a lawyer, but do know of cases where an accident victim died of some complication, but their death was considered accident related because they wouldn’t have had the complication without the accident. Same thing has happened after attacks/gunshot wounds; the patient died of a complication and the person who attacked them was charged with murder.

 

[midwestdee]

Disney is right to want a jury trial. Years ago, I was on a jury for a medical malpractice case. It went on 6 LONG weeks & we were the last ones out of the courthouse every day. Person had lost control of their vehicle, critically injured (no other people/vehicles involved). Case centered on the doctor removed the colon after not being able to pinpoint what area the extensive bleeding was coming from. We decided for the doctor based on the severity of injury & extensive blood loss the person would have died very soon without intervention. Found out afterward a first jury had hung.

 

[mcall12]

It’s very possible that IF they saw and heard CMs laughing, it was for some other reason. I can imagine the family was embarrassed by her difficulty and interpreted what they saw and heard thru their embarrassment

There is nothing in the news story to see whether they also sued either the original hospital or the Rehab hospital. I’m not a lawyer, but do know of cases where an accident victim died of some complication, but their death was considered accident related because they wouldn’t have had the complication without the accident. Same thing has happened after attacks/gunshot wounds; the patient died of a complication and the person who attacked them was charged with murder.

Oh I’m well aware of that. My spouse is a lawyer . My point was we can’t really judge their motivations for filing against Disney specifically and we don’t know if they also sued the other entities. My gut feeling is this will settle, even though I did see Disney requested a jury trial.

 

[Boopuff]

This is so sad. I’m not sure why the group wouldn’t wait for the accessible boat.(was it out of commission) I dont like to think the CMs would stand around and laugh at anyone struggling. But can you imagine how much worst it would’ve been if a cm had helped and the woman still fell? The poor cm would get the blame. And the CMs at jungle cruise are a rowdy bunch and any laughing was probably other guests. I’m sure some folks reading the report envision a groups of CMs laughing and pointing at the woman. Pretty sure that didn’t happen, and my guess is her daughters were embarrassed along with mom.

- does Disney have camera at the ride departure and arrivals?

 

[DLgal]

This is so sad. I’m not sure why the group wouldn’t wait for the accessible boat.(was it out of commission) I dont like to think the CMs would stand around and laugh at anyone struggling. But can you imagine how much worst it would’ve been if a cm had helped and the woman still fell? The poor cm would get the blame. And the CMs at jungle cruise are a rowdy bunch and any laughing was probably other guests. I’m sure some folks reading the report envision a groups of CMs laughing and pointing at the woman. Pretty sure that didn’t happen, and my guess is her daughters were embarrassed along with mom.

- does Disney have camera at the ride departure and arrivals?

Disney has cameras everywhere. This is probably why they want a jury trial. They can present hard evidence disputing the claim.

 

[2tinkerbell]

While I can empathize with the family over the loss of their mother, I think they are trying to place blame on anyone but themselves. One article I read was she had a knee replacement and that is why they rented a wheelchair. It makes me wonder if her broken femur was at the place the titanium is placed in the bone. Knee replacements are tricky. I have heard many people getting infection (my brother included). I have also heard of many people getting infections at rehab facilities. Is it Disney’s fault? Probably not, but I guess if you look at it from the point that if she hadn’t of fallen, she wouldn’t have gotten the infection. But I look at it as if she hadn’t of gotten into the boat, she wouldn’t have fallen getting out.

If the knee replacement is the reason for the wheelchair and hence the disability, then the mother and her family are not “seasoned” at mobility issues and therefore probably don’t realize that getting out is harder than getting in. They probably were thinking that their mother could normally get in and out. The wheelchair is just so she didn’t tire or use her knee too much as to make it swell more and therefore be more painful. A good decision. Is their decision Disney’s fault? In my mind, it isn’t. Disney didn’t force her to ride Jungle Cruise. I am sure they thought that putting the blocks on would help the situation. Too bad they weren’t enough to help the lady. Personally, I have a hard time picturing how she fell backwards. Usually one doesn’t fall backwards, especially on steps. One usually falls forward or to the side. But that is totally besides the point. I am sure the video will clear that up.

As far as the CM’s standing around laughing. I doubt they were laughing at her. They most likely were standing around laughing and interacting with other guests trying to get them excited for their “excursion.” When something this traumatic happens, it is easy to make the situation all about you and not really look at what is really happening. To me, this is an ambulance chasing type attorney who is throwing in the kitchen sink trying to make it big by suing Disney. Let me add that I am aquatinted with many personal injury attorneys and don’t make this comment lightly or about every attorney. I am sure the lady was embarrassed and most likely humiliated. I am sure the daughters were embarrassed. But I don’t think their embarrassment was because the CMs were laughing at them.