my MIL fell at disney

[princessmom29]

Unfortunately, yes. That's why I don't let the neighborhood kids skateboard in our driveway.

You are only liable if you give them permission to be there, and they are not doing anything negligent. It is is a minor on your property you are responsible for providing supervision, but it you tell them to leave and they don't it's not your problem. A friend had a child burned by fireworks on her property who was told multiple times to go home and did not.She was not held liable. Smart to tell them they can't skate there!

 

[surfgirl]

so sorry to hear of the problem.

sometimes, though, we need to step up and take responsibility for our actions. When we do stupid or careless things, it is much harder to blame ourselves.

So... Disney shouldn't have CM waving goodnight. And they should have better lighting. The next person will post, "Disney has lost the magic. No more CM waving. Its too bright and loses its nighttime atmosphere."

One great example is Ayer's Rock in Australia. You can hike to the top. It is am AMAZING thing to do. It is incredibly windy - so much that my scrunchy (ok, its been a few years ) was blown out of my pony. Guides tell you not to wear glasses if no strap and hats are easily blown off. There are no railings once you get to the top (some small handrailings to help on the lower section). There is at least one person who dies every year by falling off. If we couldn't have climbed it, I would have been severely disappointed. You don't sign a waiver, there aren't railings, there isn't even a guide leading a group (you climb at your own pace). If I do it, I assume some personal risk. There is NO WAY we would have been allowed to do this in the US because of our litigious (sp?) nature.

I know this is different - that is clearly more 'risky behavior' than stepping off a curb, but the idea of taking personal responsibility is the same.

 

[CampbellScot]

I hope you MIL feels better soon!!!

In today's litigious society, most big business will offer at least SOME compensation for accidents as it IS cheaper than going to court. As this is Disney, I'm pretty sure they will do most everything they can within reason. That's part of who Disney is. It's all so tricky b/c the world has gotten pretty insane with "SUING" people and lawyers will freak out about admission of liability and how much that could cost the business in court and on and on it will go.

At the end of the day it really stinks that somebody got hurt so badly. Hopefully the area that your MIL was hurt in will get some more lighting at the very least!!

I hope your family heals up soon!!!!

 

[pixiefairy]

Hope your hubby gets home soon & your MIL recovers quickly!

Sorry you are upset....Happy Mother's Day to you!

 

[eliza61]

Oh how Horrible. That is a lousy end to a trip. I am another advocate of travelers insurance when I spend a lot on a vacation. I would chalk it up to an accident but I'm one of those people who still believe an accident can be just an accident. Hopefully disney will be nice and give you a great discount on your next trip.

 

[tooh8ful]

Thanks to TheFlame for calling me and those in my profession "sharks" -- it warms my heart.

wow, my thoughts exactly, there I was, minding my business, reading the disboards on a Sunday morning, and suddenly, I'M A SHARK!!!!

. . . everybody hates a lawyer. . .until you need one.

 

[krismom]

Last week at Disney my daughter cut her hand- we were in the Pirates of the Carribean gift shop and someone had broken a snow globe and put it BACK on the shelf. She thought it was a a sculpture- and picked it up. Her palm was only cut a bit- but it bled a lot. I took her to the counter and asked for a tissue- and to tell them to get the broken snow globe off the shelf. The first CM acted VERY defensive- and brought out a small band aid pack that was $3.99 and rang it up for me to buy. The other CM (an older gentleman) said "what are you doing? just give it to her!" and then asked me if I wanted them to call first aid. I declined- since she was ok and I didn't want to upset her anymore. Was I angry? of course! at the stupid idiot who broke something and left it for someone else to injure themselves on! Stuff happens, moreso when you've got kids. Everything shouldn't be a lawsuit situation.

I hope your MIL is doing better-

 

[gibsontrio]

krismom- .. I think I would be almost more angry how the first CM handled the situation then the broken glass itself!! Hope she got the correct training.
I dont think (at least I'd hope) people go to parks looking for accidents where a person could sue, but when something bad happens to you I think its natural to think how it could be avoided, after all thats how problems are solved. Am I upset this happen YES, and i'm glad its being investigated for future guests, but still poop happens.
Here's a couple shots of where it happened. So the next time you're leaving the parks watch your step!!

 

[Chuck S]

I hope Disney removes the curb in this area, similar to what they did as the other end of Main Street. To the OP , I hope your MIL heals quickly and is able to enjoy many more WDW trips It is never fun being hospitalized away from home, but I will say hat my Mom received wonderful care at Celebration health a few years ago.

Krismom, I'm sorry the first CM wanted to charge you for the bandaids. Another good option is to report to the first aid station. After a fall where I scraped up a knee pretty good, the nurse on duty did a great job of cleaning and bandaging, and it is free.

 

[eeyoregon]

I just finished buying our trip insurance for our Augsut WDW trip about 10 minutes before reading your post....now I am extra glad I did!

I hope you MIL is doing well. I know that Disney will help out.

 

[bumbershoot]

I don't mean to offend anyone, but I don't think that Disney should be responsible for anything considering she tripped and it was an accident. Is there personal responsibility for anything anymore or is everything a handout or a law suit? I am not saying that you are, I just don't think I would look for someone to DO something for me or wonder what might happen if I had an accident on their property. Then again, this has never happened to me and there are plenty of sharks, I mean lawyers out there who would love to give you some advice. I personally would chalk it up to bad luck or being so tired from a day at MK that she she just fell. Anyone else ever been falling down tired? I am very clumsy and fall all the time. I just don't look for something to come out of it except that I am sure to do it again.

Anyway, I do hope she is better soon and I hope I did not offend you!

Disney has already said that it's a bad spot, to these people. Disney CMs are the ones who said to keep their receipts.

And even if they weren't doing that, I know that health insurance companies, with things like this, will send out a form for the patient to fill out, asking what caused the injury, and is there anyone else at fault. Health insurance companies want to pass their cost along, so if the MIL gets this and writes that it happened at Disneyworld on a tricky dark curb, guess who the health insurance company will be contacting...

On the other side of it, one of the incidents we got a form like that was a fall at Target. And that fall was absolutely positively NOT Target's fault. Was the fault of DH and DS, and sort of me b/c I wasn't paying as much attention to their actions as I normally do. The Target employees were very kind and helpful (though giving us forms to sign, while we're dealing with a DS whose head is bleeding profusely and he's gone all quiet and strange, perhaps isn't the kindest thing to do) while helping us with something they weren't at fault for. Not everything is the fault of the place where it happened.



OP I feel for all of you, and I hope your MIL heals up properly and quickly! If she's at all interested in alternatives to help healing and pain, arnica is lovely to take in pellet form or, on non-broken skin, the creams/gels are terrific to promote healing and lessen pain. I sent some out to my stepdad when he had hip replacement surgery, and he said it helped a lot with the swelling and the pain in the muscles around the hip that had healing to do.

 

[disfan07]

I personally dont think disney should be respoinsible......my theory is...accidents happen....it can happen anywhere...unless someone intentionally caused it to happen, i usually just go with it being an accident...no ones fault...just an accident...but thats JMO

 

[MomNeedsVacay]

Last week at Disney my daughter cut her hand- we were in the Pirates of the Carribean gift shop and someone had broken a snow globe and put it BACK on the shelf. She thought it was a a sculpture- and picked it up. Her palm was only cut a bit- but it bled a lot. I took her to the counter and asked for a tissue- and to tell them to get the broken snow globe off the shelf. The first CM acted VERY defensive- and brought out a small band aid pack that was $3.99 and rang it up for me to buy. The other CM (an older gentleman) said "what are you doing? just give it to her!" and then asked me if I wanted them to call first aid. I declined- since she was ok and I didn't want to upset her anymore. Was I angry? of course! at the stupid idiot who broke something and left it for someone else to injure themselves on! Stuff happens, moreso when you've got kids. Everything shouldn't be a lawsuit situation.

I hope your MIL is doing better-

Krismom- when were you there???????
I swear I was there from April27th- May 1st.... and I specifically remember someone dropping a snowglobe in the giftshop of the Pirates ride...I remember thinking how darn crowded it is in there I believe it was April 28th???? Whats funny it that I looked over at the people and gave them a dirty look b/c it looked as iff they were trying to "cover up the mess" instead of owning up to the broken snowglobe..... I probably would have said something to them or to a CM but my DD2 was crying and upset after being on the POC ride!!! Anyway, if coincidentally this was the same snowglobe, I'm so sorry!

 

[Magic Mom]

How is your MIL doing now? Is she home yet? Please give us an update when you get a chance.

 

[jpeka65844]

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[[/QUOTE]

One one of our past trips, we saw a woman who was speeding in her ECV drive straight off this very curb. No slow down, nothing, but BONK....and she was on street level. The funny thing was that she didn't even let it faze her....she just kept scootin' along! DH and I laughed pretty hard. Don't worry, if she'd been hurt, we only would've been laughing on the inside....

I would agree that it's dirty pool to paint those things the same color as the street. Someone obviously didn't think that one through....

 

[gibsontrio]

How is your MIL doing now? Is she home yet? Please give us an update when you get a chance.

the surgery went well. I guess one of the best drs in the us for this is at florida hospital , so she was lucky enough to get him. She got pins and plates to hold her arm together, no cast. She has to do 10 exercises everyday so the scar tissue wont build up. Her spirits are high though,dispite this accident she had alot of fun at disney. My husband said they treated her really well at the airport, someone was there to wheel her to and from the plane and were really helpful.
My husband was given a number to disney claims but everytime he calls she is out of the office! Thanks for you concern!!

 

[Magic Mom]

I'm glad to hear she is recovering well, and that it didn't ruin her happy memories of vacation.
Let us know how the claim at Disney works out.

the surgery went well. I guess one of the best drs in the us for this is at florida hospital , so she was lucky enough to get him. She got pins and plates to hold her arm together, no cast. She has to do 10 exercises everyday so the scar tissue wont build up. Her spirits are high though,dispite this accident she had alot of fun at disney. My husband said they treated her really well at the airport, someone was there to wheel her to and from the plane and were really helpful.
My husband was given a number to disney claims but everytime he calls she is out of the office! Thanks for you concern!!

 

[Disney1976]

Thanks to TheFlame for calling me and those in my profession "sharks" -- it warms my heart.

My thoughts exactly! I also take offense to comments by someone who (rather appropriately) calls themself "TheFlame." Members of our prestigious profession worked for years just to get licensed, and most serve honorably, dedicating themselves to their clients. For many, the law was a calling, a way to contribute to society. Countless lawyers will tell you they were inspired by people like John Adams.

Despite common perception, we are not all driving $100,000 cars and living in $1,000,000 homes, either. Many, like me, are drowning in student loan debt, in fact.

Are their bad members in our profession? Absoulutely, just like there are in EVERY profession. But, (at least in Florida) we do an excellent job of policing one another, and are very quick to suspend and disbar those who do not follow the rules. Yet it is the attorneys who are mocked and ridiculed. Guess what -I don't find lawyer jokes funny either -I find them insulting.

Flame, I hope that one day you find yourself in need of a good lawyer and are represented well. Perhaps then you will learn to have the same respect for the profession that I and my colleagues do.

Rant over.

ps. MomtoAlex - I AM licensed to practice in Florida, though I stay out of the tort arena, but your analysis was spot on. I would think that in this case, Disney will cover the medical bills for the OP's MIL and perhaps also toss in tickets to replace the one day of vacation lost.

To the OP -Glad to hear your MIL's surgery went well, and sorry to hear about the freak accident. I'm glad you didn't let it ruin your vacation.

 

[Steve's Girl]

I personally dont think disney should be respoinsible......my theory is...accidents happen....it can happen anywhere...unless someone intentionally caused it to happen, i usually just go with it being an accident...no ones fault...just an accident...but thats JMO

I agree with this, but unfortunately, the insurance industry doesn't. A family member did something stupid at our house, and guess who had to pay? Yep, our homeowners insurance. I don't agree with it, but that is the way it works. And as a pp said, your own medical insurance will not pay if an accident happened on someone else's property. The property owner's insurance is responsible even if it is an accident.

 

[MlWinans]

Regardless of who's fault it was, form my own personal experiences in that past with Disney and any type of problem, or mishap they will take care of you.

As is always spoken about one of the greatest things about Disney is that the customer service is TOP NOTCH!! don't expect anything less.