Should Disney compensate me

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But while both are obvious, coffee temperature is controlled by the vendor. Walt Disney World may be The Most Magical Place on Earth, but as someone indicated above, even they can't control the weather.

Absolutely true. Maybe the claim in court would be that since they know it rains, they should have rain resistant, slip free grounds throughout the park. Ridiculous, but it just seems like people are always looking for a way to make a buck.

I saw someone post that the coffee from McDs melted through the cup. I agree that it was probably too hot, but this is what I found regarding the lawsuit.

On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant. Liebeck was in the passenger's seat of her Ford Probe, and her nephew Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.

Again...an accident. Things happen all the time. My kids have been injured several times because of stupid accidents. Generally it happens at school or during school related sports. I'm not suing the school for it!
 
Big decision whether to try your luck and sue for your son tripping over in the rain, but maybe your son should sue you because you didn't look after him properly and he fell, then you could sue Disney because you were looking at the wonderful surroundings and not paying attention properly to what he was doing, then Disney could sue your son for dinting the ground, then you could sue Disney because you chose to go there on vacation!

It's a WIN WIN WIN all round!

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Just want to add that we shouldn't generalize. Regarding the McDonalds law suit I recently saw a documentary which examined that case. Very interesting. If I remember correctly McDonald had known that the coffee was being served way too hot, and didn't fix the problem. The lady who sued got severe burns over her legs and groin area. The pictures they showed were appalling. I guess she has been in therapy for years.

This certainly has nothing to do with the OP's question but I just wanted to mention it.

I don't think Disney should compensate, although it would have been nice if they had thrown a little pixie dust on the boy. But none of us were there so we don't really know what transpired.
 
OP, I spoke to my attorney and asked if this situation was going to be a problem for Disney and he said "Yeah that's going to be a problem. It's gonna be a problem for them. This a clear violation of your rights as a consumer. It's an infringement on your constitutional rights. It's outrageous, egregious, preposterous."

I think you should meet him to discuss your case further....

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OP, I spoke to my attorney and asked if this situation was going to be a problem for Disney and he said "Yeah that's going to be a problem. It's gonna be a problem for them. This a clear violation of your rights as a consumer. It's an infringement on your constitutional rights. It's outrageous, egregious, preposterous."

I think you should meet him to discuss your case further....

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Good ole Jackie Chiles. :thumbsup2
 
OP: Here's my advice - Call WDW and speak to someone in the Claims Department. Explain what happened and tell them you want to file a report. Their claims adjusters will evaluate the situation and determine if they will offer to pay your son's medical expenses. They deal with these kinds of accidents all the time. If your son left WDW in an ambulance, I would think a report has already been opened, but there's no way to know until you speak with them. They may call it an accident and say they're not responsible. Or, they may offer to pay his medical expenses. There should defintely be an accident report, unless one was already done at the scene. I wouldn't consider that to be greedy. I would consider it appropriate follow-up.
 
WOW! I am shocked at some of the comments here. This is the same board that people get mad and want a free meal if they get bad service.....want a free night if they walk in their room and find dust on the lamps and a bathroom that was not cleaned properly...or will throw a FULL FIT if their KTTW was not coded properly and they get to a store, park or restaurant and find they do not have charging privelegs. But yet a young child slips and breaks his wrist which meant they could not go to the water parks which they had planned to do and what rides can you do with a cast anyway but THEY are wrong to wonder about compensation??? And where does it say anything about wanting to sue Disney????

That's one thing I've thought about when things like this come up. Everyone thinks compensation is deserved for a late room or a minor inconvenience, but then someone is injured, they don't deserve anything. Just move along. I don't get it.

OP: Here's my advice - Call WDW and speak to someone in the Claims Department. Explain what happened and tell them you want to file a report. Their claims adjusters will evaluate the situation and determine if they will offer to pay your son's medical expenses. They deal with these kinds of accidents all the time. If your son left WDW in an ambulance, I would think a report has already been opened, but there's no way to know until you speak with them. They may call it an accident and say they're not responsible. Or, they may offer to pay his medical expenses. There should defintely be an accident report, unless one was already done at the scene. I wouldn't consider that to be greedy. I would consider it appropriate follow-up.

I work in insurance and we see claims like this all the time. If someone slips and falls on your wet pavement, you are most likely going to be liable. They know it rains frequently in Florida and are responsible to make the pavement more slip resistent. This claim is not a huge amount, it would most likely be covered under medical payments GL coverage without even having to prove negligence. Beyond the medical payments, that would fall under liability coverage and would need further investigation. Most likely there will be a settlement in this case.
 
I slipped walking down the monorail ramp back in 2007. We parked at EPCOT, and hopped over to MK later in the day. I knew the side walk was wet, and walked with care. I slipped, and fell holding my 7 month old dd. Everyone around us rushed to help me, but I was fine, and dd didn't wake up. I was fine, but my jeans were ruined because they were cleaning the ramps with bleach. The CM who saw me told me to file a claim at guest services. I did, and a few days later a CM called me, and told me they were willing to send me a check to replace my jeans. I declined, I filed the claim because the CM insisted, and I wanted to make sure better procautions were taken place for people returning to their cars from MK to EPCOT after park closing. (it also helped the jeans were old)

My point, if disney is willing to buy me a new pair of ruined jeans, I am sure they are going to be willing to pay for a broken wrist. I don't think the OP should get a free trip to Disney, but I do think Disney should cover the cost of the broken wrist not covered by insurance. It wasn't disney's fault, but it was on disney property.
 
sorry he was hurt...but would you be reacting the same way if for example he slipped in your driveway?
 
To the OP: I am sorry your child had an accident, hope he is doing much better.

If one falls due to natural causes, rain, clumsy, etc, I absolutely to do not think one is entitled to compensation I don't care where it happens.

If the walkway was defective, that would be different. But things get slick in the rain.

I agree the OP is not entitled to compensation. Accidents happen. This past Dec I was at WDW, but went over to Universal early one morning in time for opening. It had rained during the night, but had stopped. I was in among the masses rushing to the World of Harry Potter and took the Suess Land shortcut like everybody else. Just as you turn off the main walkway into Suess Land the pavement changes. Just as I turned and stepped off into Suess Land I heard someone yell my name. My name is not all that common, so I instinctively turned to look back. As soon as I did, even though I was not walking fast and thought I was being very careful on the wet pavement, my feet flew out from under me and I landed hard on my butt and palms of my hands. CMs flew out of the woodwork to check on me. I got up and insisted that other than being embarrassed I was fine. They offered to take me to first aid, but I insisted I was fine and started to walk off. I hadn't taken a few steps before I heard a yell, turned, and found another lady had fallen in the exact same spot I had. I turned to make sure she was OK and her husband who was laughing, pointed at me and said "Didn't you just see her fall". The lady said she had and was being careful, but slipped anyway. The same CMs that helped me were helping her. We got to looking close at the pavement and noticed that about a footstep away from where the pavement changed there was a dip. Apparently both our feet hit that same little spot and with the water in it, it was enough to slip both of us. We both laughed, said we were OK and went on toward Harry Potter World. Just before I got back there, I noticed my hands were really hurting, looked down and found my entire left thumb, 1/2 my palm, and the first two fingers up to the first joint were swelling and turning black and the entire thumb on my right hand was also swelling and turning black. I round up with a fractured left thumb. I didn't even think of sueing. It was simply an accident.

Back when my eldest son was in elementary school, he and some friends decided to take a shortcut from the cafeteria through the elementary playground to the gym. It had been raining. the boys took a second to swing across some monkey bars and my son missed, hitting the opposite side, with his arm slipping off the wet bars, and he broke his left arm. Less than two months later my younger son was on those same monkey bars, slipped, fell to the ground, and broke two bones in his foot, a few months later that same younger son jumped from one side of those monkey bar to the other, missed, slammed his arm into the opposite side bars, and like his elder brother broke his arm. Since that was three accidents that I personally knew of within the same school year on the same set of monkey bars, I called the school to complain after the third incident. Guess what: my grandson now plays on that same set of monkey bars 22 years later. The school said it was an accident and accidents happen.
 
Thank you every one.....for your reply's. For most of yous that are saying that disny does not control the weather....I think we all know that........although I did mention the wet sign I am more upset about the way the guard treated me and my family.....I'm sure Disney policy is to look after there guests especially if they have hurt them self.......also where does it say in my post about suing wdw all I did was ask if people thought I should be compensated .....wdw did not pay our hospital bill which was dear....I'm in the uk where we get our's free due to the good old nhs . They called a ambulance and quickly got rid of us.......

I have written to them and they have emailed me back to say they will be in touch shortly

Keep you all in touch I get the felling some people on here just can't see past disney
 
This whole discussion gave me flashbacks to my torts exam as a first year law student. :sad1:

ooh . . . Can I sue the OP for negligent infliction of emotional distress? :idea:
 
Thank you every one.....for your reply's. For most of yous that are saying that disny does not control the weather....I think we all know that........although I did mention the wet sign I am more upset about the way the guard treated me and my family.....I'm sure Disney policy is to look after there guests especially if they have hurt them self.......also where does it say in my post about suing wdw all I did was ask if people thought I should be compensated .....wdw did not pay our hospital bill which was dear....I'm in the uk where we get our's free due to the good old nhs . They called a ambulance and quickly got rid of us.......

I have written to them and they have emailed me back to say they will be in touch shortly

Keep you all in touch I get the felling some people on here just can't see past disney

Well presumably being from the UK you will have travel insurance which will cover the cost of the treatment minus the excess.
No wonder ticket costs/car insurance/insurance costs in general are so high if everyone who slips and hurts themselves because it has been raining ask for compensation. Eventually we all pick up the costs in additional premiums.
 
To that last reply ...it not to do with the slip....I know accidents happen. But it's how you are treated after it...take those Disney glasses off
 
To that last reply ...it not to do with the slip....I know accidents happen. But it's how you are treated after it...take those Disney glasses off

It sounds like the CM didn't realize it was a more serious injury at first. I'm sure kids slip and bang themselves up fairly often at WDW, and as a CM probably hears kids crying on a regualar basis, I can't fault them for not instantly thinking it was a serious injury. If they called for medical help every time they heard a child cry, they would have to have a nurse or doctor posted every 10 feet in the park.

I am sorry your child was hurt. It was an accident. From what I have read nothing was handled wrong, and you have no right to any kind of compensation.
 
You need a sign to tell you it is wet when it is raining?? And no, Disney owes you no compensation. Your son fell. Accidents happen. Sorry for the boy, but no one did anything to owe you anything.
 
Keep you all in touch I get the felling some people on here just can't see past disney

It was an accident. No payment needed. If you felt like they didn't "care" enough, don't come back. If you decide to sue, I hope you never complain about the cost of coming to Disney because you would then be part of the reason it is so expensive. I don't blindly support disney but I dislike people trying to make a buck off the rest of us for no good reason. If people supporting disney over your issue bothers you, maybe you shouldn't post on a DISNEY board. Go figure.

edit: And even if you don't sue, you asking for compensation is basically extorting money from Disney. There is no basis for your compensation but the company is going to give you something to avoid a lawsuit. That compensation is not going to come from profits but from higher prices to everyone else.
 
You need a sign to tell you it is wet when it is raining?? And no, Disney owes you no compensation. Your son fell. Accidents happen. Sorry for the boy, but no one did anything to owe you anything.

I agree...
 
poeple fall all the time u can't expect someone to give u money cuz your kid fell thats just dumb
 
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