Need help for accident at MK last night....any help/suggestions on where to turn?

[Tinkerbellz]

Shannon,

I'm glad to hear that the Disney Magic we all love is beginning to show itself in the situation with your sister's family. I knew it had to be in there somewhere. As I work in a business where customer service is paramount, I know it was disappointing to them when they didn't receive what they expected. I hope that her family can get through this experience and enjoy the rest of their vacation.



:thewave:

 

[Madi100]

Originally posted by Maleficent2
what a terrible thing to happen to them at WDW!And to have to deal with on vacation no wonder she got a migraine.

I do truly hope WDW makes it right.

Was the CM at POFQ Stan by any chance? He was great with our recent trip. Long story and off this topic.


I really think they dropped the ball with this one so far. If they had handled it differently from the start your sister and her family would have a better op of WDW management now Management is just scrambling to make up for the second wrong.

1.They should have offered them a way to get cleaned up better there.
2. Once they were as clean as possible without the aid of a shower and soap they should have provided at least clean clothes for the children and tshirts for the adults.
3.A ride back to POFQ and yes WDW does have vans that can transport guests a CM would not have to use their personal car. And had the children checked out for possible oil inhalation. This can be a very serious matter.
4.Passes for the Parks for the inconvience to follow(I think these were offered they should have acccepted but I know why she did not having had nothing done initially)
5. and a follow up at their resort maybe like someone else said,without admitting quilt or anything, stuffed animials for the children or a character breakfast for the family.
6. A compenstation check for the stroller and their clothes with a little extra for the inconvience.

Mal

I agree with you on this. Someone said that Disney is being defensive because if they go out of their way to help, it is admitting fault. I've heard sooo many stories, though, where Disney has done something magical for a family or just a person. Why could that not have happened in this case and call it Disney Magic for a family who had a bummer of an experience and forget the blame part.

 

[BrianMonk]

You get yourself sued by being a good samaratin. I give you CPR that saves your live, you sue me because a rib got cracked in the process. Is that fair?

Just an FYI to all, I think every state has a good Samaritan law protecting people that respond to medical emergencies.

Linked is Florida's Good Samaritan law. I'd not want the readers to get the impression that laws don't protect them from responding. Please do respond. I also see licensed medical professionals are also covered in "good samaritan" situations in Florida which is nice and very helpful.

Here it is: http://www.safetysolutionsusa.com/album1_017.htm

 

[alliecats]

Originally posted by lfontaine
Hmmm, this is still not enough information to say who was at fault. Did the car turn in front of the bus? Did the car make an improper lane change into the path of the bus? Did the car fail to yield the right of way to the bus? Just because the bus hit the car doesn't mean that the driver of the bus was at fault.

Be nice if the bus had seatbelts, though, wouldn't it? It just blows my mind that seatbelts are not mandatory in buses. They are still moving vehicles.

 

[DizBelle]

Originally posted by BrianMonk
Just an FYI to all, I think every state has a good Samaritan law protecting people that respond to medical emergencies.

Linked is Florida's Good Samaritan law. I'd not want the readers to get the impression that laws don't protect them from responding. Please do respond. I also see licensed medical professionals are also covered in "good samaritan" situations in Florida which is nice and very helpful.

Here it is: http://www.safetysolutionsusa.com/album1_017.htm

The problem is that the law will prevent anyone from successfully winning a lawsuit against you but you may still have to go through the hassle and expense of a trial. It will probably have to go to trial where it will be determined if the good samaratin law applies.

The way it is stated in the link is that a person rendering medical aid in good faith shall not be held liable. It does not say that you won't have to go through a trial which will determine that "good faith".

If there are any lawyers out there that can confirm or correct, please do.

 

[kmcdougan]

Originally posted by lfontaine
The problem is that the law will prevent anyone from successfully winning a lawsuit against you but you may still have to go through the hassle and expense of a trial. It will probably have to go to trial where it will be determined if the good samaratin law applies.

The way it is stated in the link is that a person rendering medical aid in good faith shall not be held liable. It does not say that you won't have to go through a trial which will determine that "good faith".

If there are any lawyers out there that can confirm or correct, please do.

For starters, I am not a Florida lawyer, however, Louisiana has similar provisions, so, the treatment would be similar here. There are several procedural things that go on in the process of a lawsuit that would likely prevent such a matter from actually going to the full blown trial stage. There would probably be a hearing on what constitues "good faith" and the "reasonable person" standard outlined in an earlier part of the statute. However, those would be issues of law and would likely be tried by the judge alone. Usually, if there is some way for the matter to be over before going through the whole expense and effort of a full trial in the matter, the court will try to get to that if it can.

AS far as having to spend money to deal with it, sadly, that is quite likely, even if the lawsuit will be dismissed. Generally, the public does not have the knowledge to make the argument necessary to counter the lawyer the other side will use to try to get themselves some quick cash. I hope this is a satisfactory answer. If not, let me know and I will be happy to elaborate.

 

[DizBelle]

Originally posted by kmcdougan
For starters, I am not a Florida lawyer, however, Louisiana has similar provisions, so, the treatment would be similar here. There are several procedural things that go on in the process of a lawsuit that would likely prevent such a matter from actually going to the full blown trial stage. There would probably be a hearing on what constitues "good faith" and the "reasonable person" standard outlined in an earlier part of the statute. However, those would be issues of law and would likely be tried by the judge alone. Usually, if there is some way for the matter to be over before going through the whole expense and effort of a full trial in the matter, the court will try to get to that if it can.

AS far as having to spend money to deal with it, sadly, that is quite likely, even if the lawsuit will be dismissed. Generally, the public does not have the knowledge to make the argument necessary to counter the lawyer the other side will use to try to get themselves some quick cash. I hope this is a satisfactory answer. If not, let me know and I will be happy to elaborate.

It pretty much confirms that you will have to go through some hassle and expense (maybe not as extensive as I originally thought) to defend yourself if someone files a lawsuit in this type of case.

Now, to really throw oil on the fire, could you be subject to a lawsuit if you do nothing to help someone? Can someone sue you if you don't help them?

 

[WDSearcher]

Originally posted by lfontaine
Can someone sue you if you don't help them?

If you have the means to help someone and consciously choose not to -- if you're a doctor, in scrubs, waiting for the bus while holding a doctor's bag and everyone sees that, and you choose not to help the guy with the gunshot wound who just fell down in front of you, bleeding profusely -- then I would think that the injured person or the family of the injured person could probably make a case. But I don't think anyone is legally obligated to help someone, whether they are able to or not.

In our case here, I'd be interested to know if other Guests stopped to help the family-covered-in-oil. I have no doubt that lots of people jumped out of the way or thought to themselves, "what a shame," but the only other Guest reaction the OP mentioned was Guests saying things like, "You can sue Disney for that one!" Then again, when something like that happens, unless you have a huge roll of paper towels with you, then stopping to "help" could end up being a hinderance. When you've got popcorn oil running down your side and you're all slimy, I'm thinking that the last thing you want is some stranger with a Kleenex trying to help wipe it all off. I'd probably be one of those people who would run for the closest bathroom and grab a batch of paper towels to at least provide the means for someone to clean up. But then I'd step away unless asked to stay.

There are cases all the time where "everyone just stood by and watched" when something happened, and while those people are usually scowled at and called bad names in the press, I don't remember too many instances of someone being sued for not helping.

 

[dpuck1998]

Originally posted by lfontaine
It pretty much confirms that you will have to go through some hassle and expense (maybe not as extensive as I originally thought) to defend yourself if someone files a lawsuit in this type of case.

Now, to really throw oil on the fire, could you be subject to a lawsuit if you do nothing to help someone? Can someone sue you if you don't help them?

Didn't you watch the final episode of Seinfeld?

 

[kmcdougan]

Originally posted by dpuck1998
Didn't you watch the final episode of Seinfeld?

It all depends on the individual state court's interpretation of the good Samaritan law. Since many states have their own version of this, then it is likely to vary from state to state.

 

[dpuck1998]

Originally posted by kmcdougan
It all depends on the individual state court's interpretation of the good Samaritan law. Since many states have their own version of this, then it is likely to vary from state to state.

uhh...that was a joke, remember they filmed someone getting beat up and got put in jail....anyone...hello....is this thing on??

 

[Autumngirl]

Originally posted by alliecats
Be nice if the bus had seatbelts, though, wouldn't it? It just blows my mind that seatbelts are not mandatory in buses. They are still moving vehicles.

OT:

I can't believe that they pack the buses the way they do. Even a minor bus accident could leave people with serious injuries.

 

[kmcdougan]

Originally posted by dpuck1998
uhh...that was a joke, remember they filmed someone getting beat up and got put in jail....anyone...hello....is this thing on??

Actually, that sort of thing is not out of the question. I have heard reports of it really happening. The big problem is in the civil liability side of it.

 

[panfan]

I think Disney most certainly should have provided something more....but what?? What would have been enough....??
I have been on the other side of and incident and law suit as a small family business owner....and we did all the wrong things...you know like ask if the person is all right...and try to provide comfort ...just the things human nature tells you to do...unfortuntly we got SCREWED !! The lawyers told us ...if only you hadn't apologized to the man....( who by the way slipped on a patch of ice by the parking pilot...admitting when he fell he was racing another family to get his name on the list first) None of it maters....we basiclly got screwed financially because we acted in a human way to the incident....it's too bad it has to be all business nowdays....

I was involved in an auto accident 6 months ago...with my ds2...I still don't even know what happened yet as I was not allowed to talk to ANYONE at the accident scene and told to wait for the police report!! Its a shame !

I think a lot of the incidents mentioned with a litte "disney magic" were clearly either accidents caught on tape or incidents that were not the fault of WDW ( sickness etc.) Unfortunatly this is the way the world is now...and IT SUCKS!

an employee should NEVER appolize!! I learned that the hard way!

 

[DizBelle]

Originally posted by panfan
I think Disney most certainly should have provided something more....but what?? What would have been enough....??
I have been on the other side of and incident and law suit as a small family business owner....and we did all the wrong things...you know like ask if the person is all right...and try to provide comfort ...just the things human nature tells you to do...unfortuntly we got SCREWED !! The lawyers told us ...if only you hadn't apologized to the man....( who by the way slipped on a patch of ice by the parking pilot...admitting when he fell he was racing another family to get his name on the list first) None of it maters....we basiclly got screwed financially because we acted in a human way to the incident....it's too bad it has to be all business nowdays....

I was involved in an auto accident 6 months ago...with my ds2...I still don't even know what happened yet as I was not allowed to talk to ANYONE at the accident scene and told to wait for the police report!! Its a shame !

I think a lot of the incidents mentioned with a litte "disney magic" were clearly either accidents caught on tape or incidents that were not the fault of WDW ( sickness etc.) Unfortunatly this is the way the world is now...and IT SUCKS!

an employee should NEVER appolize!! I learned that the hard way!

I'm totally with you on this one. I hate that we are prevented from "doing the right thing" because we have to protect ourselves from vindictive people that are only out to get something they don't deserve and are not entitled to. We can't exhibit common couteousy because we have to protect ourselves.

If I run in freezing weather and slip on a patch of ice, it is MY fault. MINE and MINE alone. As a grown up, I should know better than to run in those conditions and should know to watch out for slippery spots and even if I do all that and I manage to slip, IT IS NO ONE ELSE'S FAULT.

Most people who have these "accidents" just end up trying to get what they can out of the people that have money - and sometimes even those that don't have money and they end up making innocent people and families suffer. They'll take you for everything you are worth just because they can get away with it. And, even in the end, if they can't get away with it, you had to go through an expensive defense in court.

You just lose all the way around.

It does SUCK!

 

[melanieewr]

We were actually on a Disney bus last year. We were parked at PI and then another Disney bus pulled into the space in front of us. It was empty. The driver got out. Our driver then proceeds to leave and bumps into the bus in front of us and knocks the sideview mirror off our bus, then proceeds to get out and "chew on" the other driver...for what, we never could figure out, except he did not like the way he had parked! It was actually a little comical to the very few of us on the bus. Of course, the bump was only enough to "jar" us a little.

I just can't imagine having my little ones covered with oil and the instantaneous fear of it probably being hot...thank goodness it wasn't! I wouldn't sue anyone, but simple concern and consideration is expected. I know how she must feel...my daughter (6 at the time) was on an escalator at Dillard's one step right behind me and actually holding my hand, then at the bottom as I stepped off, she had just enough of a slip to catch her long shorts. I immediately turned around and grabbed her with both arms, hugging her and trying to pull her out of the still moving escalator. We are both in a panic of course and a sales associate did not know how to turn the thing. Then a man came and jerked us both loose the the still moving escalator. Part of my daughter's clothes were still in the escalator and worse, her little behind looked as though it had been clawed by an animal. I saw this once they took us to their security office and wanted photos. We were all in tears. I left and took her to the emergency room...nothing needed stitches thank goodness. But, the folks at Dillard's were so nonchalant about the entire incident when I called to complain that their sales associates should know how to shut down the escalator in case of emergencies. They offered no compensation, other than they would replace her ruined clothes. We did not sue, even though our attorney wanted us to. Dillard's did install emergency shutoff's soon afterwards that were easily visible...so, that did make me feel better. I did not even let them replace her clothes because I was so angry at the way they acted about the entire incident. I think like some of the other posters, that huge corporations are afraid to even be helpful for fear of looking at fault even if they know they are at fault. It comes from a "sue happy" society...but common consideration and courtesy should be shown in these types of incidents.

 

[tarabl]

My sister and her family were at Disney several years back watching the Mulan parade in MGM. My brother in law was taping the parade and while the girl that was twirling the bamboo came along she lost her grip on it and it went flying into the air. My BIL taped the bamboo flying but then centered back on the parade for some reason when all he heard was screaming. My sister who was sitting next to him had gotten struck across her leg. It caused a major hematoma and she had to be treated for months afterwards. At the time of the accident my sister couldn't walk and was screaming. Cast members got her to a chair and gave her vouchers for free popcorn and sodas in the park. After awhile she was able to walk on it and hobbled back to the hotel, but this ruined her vacation because she couldn't walk for the rest of the trip.

When she came back, the doctors at home told her how much therapy she would need because there was nerve damage and muscle damage. She was in touch with Disney the whole time. Eventually she ended up suing Disney and the production company that puts on the parade at MGM. Neither one wanted to take responsibility for the medical bills, each blaming the other. She was treated for about a year after this injury and finally settled out of court right before a court date was set.

She is a big Disney fan and has been back there once, and to EuroDisney once, plus a cruise to Disney so I guess they got their settlement money back anyway.
*********
On one of our trips my son got a HUGE splinter in MGM from one of the benches headed towards TOT. He was running his hand along the back of the bench and it was rotted and splintering and one impaled him right through his pinky finger going in one side and coming out the other. The first aid wouldn't touch it but offered my husband supplies to remove it. When we got home he needed minor surgery to remove a piece that was still imbedded in the finger and was causing an infection. I contacted Disney and told them what had happened so they could prevent someone else from getting a splinter. They wrote back with an offer of free one day passes for everyone in my family, 4 of us. I declined the offer and told them all I wanted was for someone to replace the wood on the benches. The guy was suprised when I turned down the offer. Looking back I should have taken the passes but that wasn't my intention when writing to them.

 

[oldschoolfigmentluvr]

I understand what it is for corporations not wanting to be liable for anything.

I work for Bed Bath and Beyond, and during our training we were informed if a customer is ever injured in the store or has a sudden medical emergency there is nothing we can do for them except dial 911...even if we do know CPR. This means they can litterally be dying right there in front of us and all we can do is stand around and look dumb. I pray nothing like that ever happens in my store. It's amazing the lengths corporate businesses take to avoid law suits.

Oh yeah, and what happened to your sisters family is seriously messed up. If it had happened to me, I would have demanded the royal treatment.

Best of luck to you.

 

[panfan]

That is exactlly what our lawyers told us we should have done when the man fell in our parking lot....NOTHING...!! except call 911. We not only called 911 but a few of our waitresses grabbed their winter coats for the man to lay on and be comfortable untill ambulance came ( the wife was saying the whole time , by the way, not to call the ambulance! Which is funny considering the "injuries" he sustained) We were talking to him and making sure he was okay....
So guess what happened?? Everyone involved,,,every waitress that even offered their coat, was subjuct to appear in front of all lawyers in deposition and made to feel as they were criminals!!
I can see why businesses are leary of anything.
I am just a smalltown family business, guess we were just naive.
Kind of like the story in the news I remember a few years back about someone who died in front of a hospital because the employees were not allowed to treat him outside!

 

[Madi100]

The sad thing is that we (we as a society, not we, you and me) pretty much asked for this behavior. Wouldn't it be nice to have a minor inconvenience in our lives like tripping in the Target parking lot over my own feet, and then suing the heck out of Target because they didn't post a sign saying that because I am walking, I may fall because that happens sometimes when people walk. If we can get enough money out of Target, we're set for life. I think that because of the small, but fastly becoming larger, popular that the corporations need to act like nothing is their fault.

If our society wasn't so sue happy people like the popcorn family would probabl end up with so much more than they will now.