Parents sue Disney, say son suffered 'severe burns' from nacho cheese

[Uncleromulus]

Well said----
But all these people need to do is find a Judge (or some jurors) who feel differently and they are home free.
And that's what their lawyer will be doing--juror shopping.

 

[iuki]

It will be interesting to hear:
1) how the cheese sauce was spilled onto the son's face
2) did they report anything at the time, and was it recorded, if the did
3) who was handling the cheese sauce at the time it was spilled
4) did the parents seek immediate medical attention, and what was done

I can't imagine a kid being in a stroller and a parent giving the kid an open container of what had to been obviously extremely hot cheese sauce. If the parents had it in their hands and handed it off, they had to know it was very hot. I can't imagine a server giving a small child a container of anything hot.
Was he trying to play or drink it, burnt his tongue and knocked it onto his face?
Wondering if the parents were letting the 4 year old dispense cheese sauce by himself at a condiment counter.
Was the kid holding his face under the cheese dispenser? But even with that, someone taller would have to be pumping the sauce out. I would not think a 4 year old is tall or strong enough to do that.
I could see new rules in place where no child can be unattended. But betting the parents were right there, if this was the case.

Certainly feel for the kids and the parents. But I would have to hear some swaying information to think Disney is at fault for having hot cheese.

Looking at the photo of the burns, I can't help but wonder if the child tried to "drink/taste" the melted cheese from the paper cup. The burns are located on his left upper lip - where someone would get a burn drinking from a cup. If someone had spilled the melted cheese on the child, he would have had burn splashes over his face.

 

[jerivera]

I'm sure it was just an accident. But come on, NACHO CHEESE IS ALWAYS HOT! Maybe they should have kept a better eye on their kid.

Aye. I have to blame the parents a lot here. But at the same time, DW probably should not be serving something that's hot enough to liquefy skin.

 

[Mousecreant]

Deleted

 

[RCaroll]

A parent really needs to watch closely a child this age because really they are the responsible ones for their care. No way should the child have gotten ahold of cheese mommy didn't check first.

 

[jcb]

It looks like the hot nacho lawsuit will be settled.

http://www.wdwinfo.com/news/General_Disney_News/Hot_nacho_cheese_lawsuit_to_be_settled.htm

 

[Uncleromulus]

Sorry to see Disney capitulate on this---but it's ALWAYS about money, I suppose.

 

[Luv2Roam]

And that is why people sue.

 

[JoShan1719]

Hmmm, what happened to "permanent scarring" I wonder? Sounds like the little one healed up and the parents said, "crap, now we're not getting squat."

 

[Abby's Dad]

It's pretty obvious just how serious this injury was - total medical expense was like $423.00 - which is about what it would have cost for a basic visit to an ER, being seen by the ER doc, and sent home after being asked what they were doing in the ER? But this is why liability lawyers make such a good living - the odds are WAY better than playing the lottery, and almost always the defendant will pay you something to avoid spending even more on their own legal fees,no matter whether you deserve it or not.

 

[KYMickey]

It's too bad that Disney or some other major corporation doesn't just start standing up and fighting these frivolous lawsuits! Maybe after a few losses the ambulance chasers would be less likely to start them.

 

[nytimez]

I don't know the merits of this case or whether or not it's frivolous.

However, I do know that Disney is an aggressive defendant. They do not settle just to settle or to save on legal fees. They settle if and only if they think there's a reasonably chance they would lose at trial.

 

[insureman]

It's too bad that Disney or some other major corporation doesn't just start standing up and fighting these frivolous lawsuits! Maybe after a few losses the ambulance chasers would be less likely to start them.

"Occurring about 3 months after the lawsuit was filed, the total settlement amount is believed to be less than it would have cost Disney to defend the lawsuit in a jury trial."

Unfortunately the attorneys know what a big corporation's threshold is , we see this all the time in auto accidents. Too bad.


"

 

[Dopey420]

Don't discount the possibility that there could be a rogue employee back in the kitchen with a bad attitude who purposely tampered with the cheese. Ive seen waiters microwave coffee to boiling when a customer complained the coffee was not hot!
Unfortunately this happens ALL THE TIME in fast food restaurants. Teenagers working in the back preparing your food with terrible attitudes are doing disgusting things to your food EVERY DAY. Especially if they see that the customer is a police officer! Also in restaurants when you send food back for any reason. The kitchen staff gets mad that you sent food back that the cook thinks is prepared fine. I've worked in enough restaurants to know that if I have to send something back to the kitchen, I don't eat anything else that comes out of the kitchen that visit. I've seen restaurant workers do HORRIBLE things to food when a customer sends a dish back to the kitchen.

You've been warned.

 

[mammy_megan]

i blow on my childs food to cool it before i give it to her!!

 

[sandym718]

It's pretty obvious just how serious this injury was - total medical expense was like $423.00 - which is about what it would have cost for a basic visit to an ER, being seen by the ER doc, and sent home after being asked what they were doing in the ER? But this is why liability lawyers make such a good living - the odds are WAY better than playing the lottery, and almost always the defendant will pay you something to avoid spending even more on their own legal fees,no matter whether you deserve it or not.

my thoughts exactly. I took my son to the ER a few years ago with severe stomach pain (fetal position, hollering out in pain). I was nearly certain he was constipated, but we had to rule out appendicitis or other problems. He gave a urine sample and had an abdominal x-ray, that's it. It WAS constipation (severe) and he got a simple laxative to drink (pharmacy cost was about $5) and it was resolved by morning. We were in and out in about an hour. Total cost for that visit - $730. (This was in early January so we had to pay it all b/c we had nothing towards the deductible yet). My point is - under $500 for the ER? Basically NOTHING was done. And, just wondering here, did they have medical insurance? Something makes me doubt it, with this whole story. Gotta find someone to pay it...why on earth should they be responsible for paying for their child's medical care??? (But of course, they can afford DW!)

 

[jcb]

just wondering here, did they have medical insurance? Something makes me doubt it, with this whole story. Gotta find someone to pay it...why on earth should they be responsible for paying for their child's medical care??? (But of course, they can afford DW!)

The parents had Tricare, which paid about $150 for the medical bills.

 

[Peter Pirate 2]

I don't know the merits of this case or whether or not it's frivolous.

However, I do know that Disney is an aggressive defendant. They do not settle just to settle or to save on legal fees. They settle if and only if they think there's a reasonably chance they would lose at trial.

I agree. It certainly sounds like greed but without all of the facts its scary how quickly folks jump to a 100% negative conclusion.

I was reading a thread on the DL board about how rude people were to a wheelchair guest (not believing there was a legitimate reason for the chair). The same type of rush to judgement, I guess.

 

[scauzilloc1121]

I was there the other day and as I went to get the nacho cheese to add to my fries there was a sign that said caution hot. Now I don't know if it was a new sign or what but the was a warning. Plus I saw a lot of families using a small drinking cup to get the nacho cheese for the nachos. I have even done that. Since the burns are on the child's lips it looks to me he may of tried to drink something and grabbed the cup filled with the cheese. That would explain the severe burns on his lips. And for the burns not healing after 11 months, how do we know that the parents didn't allow the burns to heal so that they could get money from Disney. I really don't think they are monitored 24/7. Looks to me someone is trying to get a piece of the mouse.

 

[Figment632]

Sounds like bad parenting to me.