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

[ChloroFiend]

This might sound crazy to say or even think but am I the only one who hopes that because of this story WDW won't take away the Cheese sauce from Cosmic Ray's. Part of me thinks because of these people someone might suggest to WDW that it gets taken away and I admit I love to dip my French Fries in there, so why should others who also like it not be allowed to have it anymore.

That was actually the first thing that crossed my mind, so you're far from alone in that regard.

 

[baler31]

Wow, those are some burns on the child's lips.
I can imagine it was very painful for him, and very scary for his parents.

But where do these lawsuits end? Isn't there an assumption that cooked food will be hot when it is served? If it's not kept hot enough in the kitchen, bacteria will grow... then we'll see lawsuits about how someone got Salmonella, E Coli, etc, because Disney does not heat the food properly.

Responsible parenting is to check the temperature of the food before you serve it to your 4 year old. You might blow on your own soup (or in this case cheese) before putting it into your mouth- especially when there is steam coming off it, but a 4 year old cannot reasonably be expected to have that same thought process. Do I think Disney should pay for medical expenses? Yes, Should this family hit the lawsuit lottery? No! C'mon mom and dad, be a responsible parent when feeding your child, and take responsibility for your own failure at paying attention- don't try to make someone else pay when you were clearly neglectful of your 4 year old.

I so agree with this, nachos are not on the children's menu and are frankly not IMO suitable for a 4 year old. I would have a resonable expectation that the cheese is hot. Would people sue if their toddler choked on popcorn or something else unsuitable for their age ?

 

[Jedi]

That was actually the first thing that crossed my mind, so you're far from alone in that regard.

New motto....."We cater to your lack of common sense (tm)" (see splash mountain lapbar)

 

[Uncleromulus]

I burned my tounge eating the cheese on a Dominos Pizza--let's see, that was about 3 years ago.
Should I sue???

And baler 31: The answer to your last question is "Of course!!"--if they thought there was any $$$ to be gotten out of it.

 

[Luv2Roam]

I can just see the studies now -- how fast does nacho cheese cool down once served, or squirted onto food.
I wouldn't be surprised to see that item gone from fixin' areas. And if served at all, only to parents via over the counter with the remainder of the food. Maybe some resemblance to cheese in a little sealed over priced cup as they sell at Wetzel's Pretzels.
But if the parents aren't smart enough to know how to handle it once they have their foods (and their kids)...

 

[canopynut66]

http://www.orlandosentinel.com/busi...t-child-burned-cheese20110210,0,2488936.story

San Diego parents who say their young son suffered "severe burns" at the hands of scalding hot nacho cheese served to them during a family vacation have filed suit against Walt Disney Parks and Resorts, records show.

In their suit, filed in California district court on Wednesday, parents Michael and Maria Harris said they were eating dinner at Disney World while on vacation in March when the cheese was spilled on their son's face.

"The cheese was scalding hot and resulted in severe burns" to the child, 4-year-old Isaiah Harris, the suit says. The suit alleges that Disney served the cheese "negligently and carelessly" and made "no effort" to regulate its temperature.

The suit says the child suffered "permanent scarring, pain and suffering" as a result of the burns, and his parents suffered "emotional distress" from witnessing his agony.

In their suit, the Harris family asks for the medical and legal costs incurred as well as punitive damages and "further relief as this Court deems just and proper."

Asked for comment, a Disney spokeswoman issued the following statement: "It's unfortunate when any child gets injured. We just received notice of the lawsuit and we are currently reviewing it."

Jeff Weiner can be reached at 407-420-5171, jeweiner@orlandosentinel.com or @OSNightCops on Twitter.

Of all the trips we have taken to DL and WDW we are lucky if the cheese sauce is warm enough to even eat let alone burn us also agree with another poster as to WHY wouldn't a parent check a food temp on any item to be sure not to hot for the child

 

[Luv2Roam]

Excerpts from a San Diego news station:

"Sean Cahill, the attorney for Michael and Maria Harris, said they filed the suit after months of trying to resolve the case out of court."

"The boy's hand caught a food tray and a cup of nacho cheese flew onto his face, burning his upper lip and other spots, Cahill said, adding that his clients worry that their son's lip will be permanently scarred.

According to the lawsuit filed Wednesday in San Diego, there was no effort on Disney's part to regulate and monitor the temperature of nacho cheese being served to young children."

Was the sauce actually served to a young child? I would think it was served to the parents.
So, I can see this being a behind the counter condiment, if they don't get rid of it altogether.
Does everyone need to sign a disclaimer now when they enter or eat in restaurants?

 

[WDW_lover_in_SC]

Excerpts from a San Diego news station:

"Sean Cahill, the attorney for Michael and Maria Harris, said they filed the suit after months of trying to resolve the case out of court."

"The boy's hand caught a food tray and a cup of nacho cheese flew onto his face, burning his upper lip and other spots, Cahill said, adding that his clients worry that their son's lip will be permanently scarred.

According to the lawsuit filed Wednesday in San Diego, there was no effort on Disney's part to regulate and monitor the temperature of nacho cheese being served to young children."

Was the sauce actually served to a young child? I would think it was served to the parents.
So, I can see this being a behind the counter condiment, if they don't get rid of it altogether.
Does everyone need to sign a disclaimer now when they enter or eat in restaurants?

Its so obvious this is the parents fault. IT's unfortunate for the boy but it's clear based on his scars he was drinking it. (think about when you drink your upper lip gets wet...same here with his scars.) If a cup of scalding hot cheese "flew into his face" he would have burns all over the place. Not in one concentrated area. Parent's screwed up now they don't want to look bad so they blame Disney.

 

[jlwhitney]

Where is the before picture, how can any of be sure that was really all caused by the cheese.

I guess, since they can't get there story straight on how it happened (wobbly high chair...to no idea) makes you kinda wonder how much they are lying about it. The 11 months is also kinda suspicous also....

Personally if that really did happen, they should have gone to first aid at disney right away and then to guest services to report the incident. But it still all comes down to the parents should have checked the food and made sure it was safe for them to eat before it was anywhere near there reach.

sigh, what people do for money

 

[stoudt6]

http://www.orlandosentinel.com/busi...t-child-burned-cheese20110210,0,2488936.story

San Diego parents who say their young son suffered "severe burns" at the hands of scalding hot nacho cheese served to them during a family vacation have filed suit against Walt Disney Parks and Resorts, records show.

In their suit, filed in California district court on Wednesday, parents Michael and Maria Harris said they were eating dinner at Disney World while on vacation in March when the cheese was spilled on their son's face.

"The cheese was scalding hot and resulted in severe burns" to the child, 4-year-old Isaiah Harris, the suit says. The suit alleges that Disney served the cheese "negligently and carelessly" and made "no effort" to regulate its temperature.

The suit says the child suffered "permanent scarring, pain and suffering" as a result of the burns, and his parents suffered "emotional distress" from witnessing his agony.

In their suit, the Harris family asks for the medical and legal costs incurred as well as punitive damages and "further relief as this Court deems just and proper."

Asked for comment, a Disney spokeswoman issued the following statement: "It's unfortunate when any child gets injured. We just received notice of the lawsuit and we are currently reviewing it."

Jeff Weiner can be reached at 407-420-5171, jeweiner@orlandosentinel.com or @OSNightCops on Twitter.

Let me Guess Jackie Childs is their Lawyer, and Cosmo Kramer will testify for them how its a company's fault for people having accidents that are their fault with things that are hot and the people should have known how to act accordingly around them.

 

[danielle821]

I need that nacho cheese sauce for my Pecos Bill fries, and I will be emotionally distraught without it.

 

[eliza61]

This might sound crazy to say or even think but am I the only one who hopes that because of this story WDW won't take away the Cheese sauce from Cosmic Ray's. Part of me thinks because of these people someone might suggest to WDW that it gets taken away and I admit I love to dip my French Fries in there, so why should others who also like it not be allowed to have it anymore.

I think what will happen is they will now start serving that nasty prepackage cheese or the will pre serve it on the nachos themselves.

 

[CR Resort Fan 4 Life]

I think what will happen is they will now start serving that nasty prepackage cheese or the will pre serve it on the nachos themselves.

Well Cosmic Ray's and Peco's Bills don't have Nachos on their menu, so would that mean them serving the prepackge Cheese sauce?

I also realize this accident happened in April 2010 and since it's only coming out now wouldn't it be stupid to get rid of the Cheese sauce the way it is right now? I am willing to bet since then a lot of other guests used it without burning themselves. In fact I used this past August and December when I was at Cosmic Ray's.

 

[Luv2Roam]

News have reported they had treatment right away. So there will be records for this.

"Cahill said Isaiah was treated at an Orlando-area hospital immediately after being burned."

However it does look more like the kid tried to drink the sauce, just by looking at the photographs. And maybe he instinctively threw the cup up, resulting in the smaller on his upper nose. If that is from the cheese incident at all.

My first thought too was if he grabbed or bumped the tray, I could see the cheese sauce going randomly on clothes, table, floor, maybe an arm or hand. But not an upper lip in a small area, where it looks like he was drinking it.

How runny is the cheese sauce?

The photos I assume were taken shortly after, and not 11 months later.

 

[SparkyTheGiraffe]

I need that nacho cheese sauce for my Pecos Bill fries, and I will be emotionally distraught without it.

 

[nytimez]

I need that nacho cheese sauce for my Pecos Bill fries, and I will be emotionally distraught without it.

Let's not get carried away. It's a very mediocre weakly flavored cheese substitute. I put it on my fries, too, but only because it's there -- it's certainly nothing special.

I don't want them to remove it, but if you're feeling emotional attachment to that cheese I would suggest that maybe you should expand your horizons a little bit.

 

[Sorahana]

I think this lawsuit is stupid. Why were they letting a 4 year old handle something that hot in the first place then?

I think what will happen is they will now start serving that nasty prepackage cheese or the will pre serve it on the nachos themselves.

Nooo not this .

 

[fireflymedic]

well if the parents can prove he got burnt at DW than they should prob. pay the medical bills but thats about it.

I'm pretty sure DW prob did offer to pay that much but family held out for the "pain and suffering"

 

[nickyb720]

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.

 

[Grace&Carolinesmom]

This is so symbolic of an entitled faction of our society. Nothing is ever a consequence of their own negligence and they feel entitled to compensation from someone else. They see an unfortunate accident as their payday because they are "owed." It just makes me sick to my stomach. This poor child was burned because of his parents lack of good judgement...so now the rest of us should pay via higher prices? Ugh....

SO tired of this in society. There have been a few times in my life that I could have sued for negligence or misdiagnosis but I did not. I didn't feel it was right. Things happen in life. Good and bad. As long as there is no malice intent or gross negligence/disregard, it is just chalked up to being unfortunate and part of life. Nothing and noone is perfect. I believe in a higher power and that everything happens for a reason. Look for the lesson learned instead of a payday.

I see parents with no common sense here. Unfortunately, there is no law against stupid people reproducing. They are unwilling to admit their own fault in their son's injury so obviously it must be the fault of the only party here with deep pockets.