Should Disney compensate me

[mackay_j]

the OP did not say anything about sueing, they just mentioned compensation. I think that disney would have at least offered free tickets for a future visit when an accident means that the tickets they had could not be used. I am surprised that they didn't. I know that when my DD took ill (no way disneys fault) and had to be taken home at 10.30 am one day, the CM we spoke to to get a wheelchair for us was really nice and also brought a manager who took my husband to guest services on the way out and gave him 4 day tickets to come back while another CM helped me get her back to the car. So I am taken aback that the OP was treated so badly. This sort of act would have left the family going home with a completely diff opinion of WDW and they probably would have come back for a future visit.

 

[lagunn]

Last year my DH had a few bites on his legs , he went into the hot tub at AKL and ended up with cellulitis , he had to attend hospital and was on anti histamines , antibiotics and steroids because of it.. Did we complain or think we should be compensated NO .. It to us was just one of those things..Oh and by the way my husband could not leave our room for the last 6 days of our holiday...

 

[seashoreCM]

Something to think about for the future: What kinds of shoes to wear. I'm told that leather soles are more likely to slip than most other materials.

If an injury was caused by another guest who was unruly, Disney probably should cover all of the expenses including consequential damages, in the interest of preserving decorum and maintaining a family conducive atmosphere.

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. ... Guess what: my grandson now plays on that same set of monkey bars 22 years later.

Because lawsuits were minimal or nonexistent, future generations got to enjoy the monkey bars which might otherwise have been removed.

 

[kamik86]

Since the McDonalds lawsuit was about McDonalds knowing serving coffee so hot that it would cause severe burns and was far above the standard coffee temperature. The only way this would compare is if that walkway was made with something known to get extremely slippery when wet and Disney knew about this and choose not to do anything about it.

OP if you think that is the case by all means sue.

 

[maxiesmom]

the OP did not say anything about sueing, they just mentioned compensation. I think that disney would have at least offered free tickets for a future visit when an accident means that the tickets they had could not be used. I am surprised that they didn't. I know that when my DD took ill (no way disneys fault) and had to be taken home at 10.30 am one day, the CM we spoke to to get a wheelchair for us was really nice and also brought a manager who took my husband to guest services on the way out and gave him 4 day tickets to come back while another CM helped me get her back to the car. So I am taken aback that the OP was treated so badly. This sort of act would have left the family going home with a completely diff opinion of WDW and they probably would have come back for a future visit.

I'm glad they went out of their way to help you out. However, they can't hand out tickets every time someone slips and falls. You would have slip and fall "accidents" all over the place.

I don't see that the OP was treated badly. They just were not made a fuss over.

 

[Noletucker]

Just out of curiosity, why would you expect that?

exactly! My Mother in law fell at magic kingdom on the first day of her 10 day ticket. She Fractured her hip, had to have a hip replacement, was in Celebration hospital for 1 week, the n a nursing home for 6 weeks!!

They got their money back for their tickets, and that was that, and that was all they expected!! Their own medical insurance paid all the bills.

My MIL said she still had a great vacation, the people at the hospital were so nice to her...and the cms that waited with her till the ambulance came were very good to her.

I thought she would have gotten a get well card with character autographs, but no....

So I don't think a broken wrist from a fall when it was raining, is going to get too much attention.

 

[goofy4tink]

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

It's always sad to have something happen like this on vacation..it makes it a lot less enjoyable. And I can completely understand your disappointment and upset. BUT...Disney owes you nothing. Your ds slipped on a wet surface. I would imagine that common sense would tell you that a wet surface is going to be slippery. It was raining, it was wet, it was going to be slippery. Now, if it had been nice and sunny, and your ds slipped on a wet area, that was completely unexpected (someone dropped a water bottle and it was never cleaned up, for instance), then sure, Disney may be expected to offer you compensation. But, it was raining, it is completely reasonable to expect there to be slippery areas.

Now, if your issue is with the CM, I can see a few possibilities. First, perhaps the CM misunderstood you. Maybe he/she thought you were just calling their attention to the wet area. Perhaps they didn't understand that you were looking for assistence. I'm not trying to say that Disney is 'all that and a bag of chips' but perhaps the CM just misunderstood. Besides, they are trained to never, ever, do anything that will allow Disney to be 'at fault'. There are so many guests that automatically see a law suit, that Disney CMs can't do much of anything, otherwise it could look like they 'said' Disney had made an error, so the guest was now entitled to something.


I would be sure to make it clear that you are finding fault with the CM in question. Thay yes, you understand that wet surfaces are going to be slippery, but that when your ds fell and hurt himself, you expected a WDW CM to be much more helpful and not to try to ignore it, making the situation even worse.

As far as compensation goes? For what??? Dealing with a rude CM?? That is about your only issue.

And believe me, I don't have those 'Disney glasses' on, I believe that yes, sometimes things happen at WDW that might have been prevented. But, to slip on a wet surface, while it was raining, is not anything you can hold Disney responsible for. But bringing a less than helpful CM to light is a good thng. The CM could have been more responsive to your needs.

 

[mackay_j]

I'm glad they went out of their way to help you out. However, they can't hand out tickets every time someone slips and falls. You would have slip and fall "accidents" all over the place.

I don't see that the OP was treated badly. They just were not made a fuss over.

I also don't think they should hand out tickets for every fall, but if a fall means that they could not go into the parks for a few days (that they had tickets for) then re-issuing those unused days would be a nice thing to do, they were paid for anyway. As for any other compensation then as others have said accidents happen esp when wet!

 

[RadioFanatic]

I don't know about Florida, but in NY you would be out of luck bc it was raining at the time of the accident. IN NY, there is a "storm in progress" doctrine which essentially says a party can't be found liable for an accident that takes place while a storm is in progress bc the party must have a sufficient amount of time to remedy the condition. If florida has the same law, you would have no case.

I hope your son feels better soon.

 

[mousehouse2011]

I had to create an account just to reply to this thread.
I don't think that legally that Disney has any obligation to compensate the OP.
However, I do think the OP did have a right to have expected Disney to act better. We all love Disney because they are a step above anywhere else, we go there for the experience. Their Cast Members are called cast members, because each one of them is a player in the Magic that is a Disney vacation.
On my last trip to Disney I had a problem with some merchandise I purchased on my trip. I had paid cash and had no receipt but when I alerted Disney, they magically sent me a trip for the exact price I paid.
Disney is not the grocery store, or target, I don't think that the OP has a legal right to compensation, but I think they had every right to expect better behavior from a Disney Cast member and disney management.
We love Disney because it is a magical place, they transport us to another world, we expect them to do the right thing when a ticket is wrong, a room is wrong, when something we buy there breaks. CMs in menial jobs to treat us as if we are Princes and Princesses. Lately I have seen many cast members that seem to just be working a job, it is to bad, I don't know if it is cost cutting or lack of training or both but it is stealing the magic.
Disney could have done better and just because they are Disney I would have expected them to do better. They step up for far less important things. Disney could have comped them their tickets, made sure they had a priority seating for some event. It would have been trivial for them. I think Disney dropped the ball here. They could have made a little magic for these people.

 

[maxiesmom]

I also don't think they should hand out tickets for every fall, but if a fall means that they could not go into the parks for a few days (that they had tickets for) then re-issuing those unused days would be a nice thing to do, they were paid for anyway. As for any other compensation then as others have said accidents happen esp when wet!

I agree it is a nice thing to do, when they do it. Handing out tickets for an injury shouldn't be expected though. Also, the OP stated the just couldn't do the water parks. So hopefully they were able to still enjoy the rest of WDW.

 

[BrerVixen]

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

In that case then, I would be making a COMPLAINT to Disney about your treatment and not suing them for an ACCIDENT that was not their fault!

You should have made that clear in your first post!

 

[kamik86]

I had to create an account just to reply to this thread.
I don't think that legally that Disney has any obligation to compensate the OP.
However, I do think the OP did have a right to have expected Disney to act better. We all love Disney because they are a step above anywhere else, we go there for the experience. Their Cast Members are called cast members, because each one of them is a player in the Magic that is a Disney vacation.
On my last trip to Disney I had a problem with some merchandise I purchased on my trip. I had paid cash and had no receipt but when I alerted Disney, they magically sent me a trip for the exact price I paid.
Disney is not the grocery store, or target, I don't think that the OP has a legal right to compensation, but I think they had every right to expect better behavior from a Disney Cast member and disney management.
We love Disney because it is a magical place, they transport us to another world, we expect them to do the right thing when a ticket is wrong, a room is wrong, when something we buy there breaks. CMs in menial jobs to treat us as if we are Princes and Princesses. Lately I have seen many cast members that seem to just be working a job, it is to bad, I don't know if it is cost cutting or lack of training or both but it is stealing the magic.
Disney could have done better and just because they are Disney I would have expected them to do better. They step up for far less important things. Disney could have comped them their tickets, made sure they had a priority seating for some event. It would have been trivial for them. I think Disney dropped the ball here. They could have made a little magic for these people.

This I do agree with. And if I was in charge of that area of Disney and was aware of the situation I would probably have done something like refunding the water park and more ticket option as you can't do a water park in a cast and depending on the age of the child sending a get well card autographed by some characters and a Mikey stuffed animal.

The cast member should have asked if the child was ok and when finding a serious injury called for help and not been rude. They would have been spoken to about showing empathy to guests.

None of this is really necessary but it would be nice... I wouldn't do free tickets just because most of the rides weren't really ruined... I don't think most of the dry rides would be a problem with a cast on your wrist.

 

[RMulieri]

I haven't read thru any of this, so excuse me.Compensate for what? it was raining, it was slick ,and your son had an ACCIDENT.It could have happened on your own steps at home.Accidents happen everywhere.I am sorry that your vacation was ruined by this and I hope your son is alright, but I wouldn't expect much except some apologies for how the disney cms acted.Disney Cms should have acted better, rudeness was uncalled for.

 

[Oglet]

Now, the sidewalk is an interesting comparison. While it's true people sue and win for injuries incurred on damaged walks, I don't think anyone has ever won a suit based on a rain-soaked sidewalk (not even where I live, where sometimes the ground is so saturated the rain sits a couple of feet above the sidewalk).

You know a lawyer is going to argue something along the lines of, "Was the sidewalk painted?, What materials were used in the construction of the sidewalk?, did any of the materials used in the construction of the sidewalk possibly make it more dangerous in wet weather than a traditionally constructed sidewalk... etc etc etc."

We all know how lawyers are, especially ones locked on to a company like Disney.

And now my new favorite phrase, "Just because you can, It doesn't always mean you should"

Not saying I agree at all, I'm just saying.

 

[PrincessKate's Mom]

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.

I saw the same documentary, it really changed my mind about the McDonald's case.

 

[miralys]

I'm sorry your little one got hurt. Here is wishing him a speedy recovery.

That being said, it sounds like an accident to me. I am very accident prone, but I never expect compensation for it. If you feel you are due compensation, then it would be best to seek legal counsel.

If your major beef is about the CM's attitude, I am not sure how much satisfaction you will get there. Definitely register a complaint if that is the main source of your discontent, but don't expect anything.

 

[JoshuaShaw]

Could you, in theory, get Disney to "compensate" you? Yeah, sure.

Should Disney compensate you? No. Life's tough, wear a helmet.

Not everything is someone's fault. Things just happen. Getting litigious over an employee lacking bedside manner is beyond ridiculous.

 

[mousehouse2011]

I agree it is a nice thing to do, when they do it. Handing out tickets for an injury shouldn't be expected though. Also, the OP stated the just couldn't do the water parks. So hopefully they were able to still enjoy the rest of WDW.

I wouldn't necessarily expect a ticket for a fall, and certainly not every fall, and the CM or the manager would have no way of knowing the type of tickets they had or that they would choose to forgo the water parks as a whole group.
But, I can just see the situation going a lot better. If the original CM would have communicated a little better, like "if your son is able to walk we should have him move to this bench here on the side or he could get injured further when this ramp is flooded with people in a few seconds", and if the manager would have gotten a little information, and if maybe mickey mouse sent a little get well card to their room, and then some small token, like I said, a priority seat for the epcot fireworks or something that cost disney practically nothing.

Then the OP would have come on here and said, "Wow, my son was hurt at Disney, but they really cared and took good care of us. It was a truly magical vacation despite his injury."

Maybe I expect to much from Disney. But there is a reason that I go down there every possible chance I get. It is because it is magic there. I think it isn't to much to expect them to do something more than, Target, the grocery store clerk, or Universal or any other theme park for that matter.

 

[Schmeck]

OP - what exactly would you agree to for compensation? It sounds like the CM did not understand the severity of the injury at first, but when it was realized, got help. Many children howl like banshees at WDW, just because they are overtired, not getting their way, etc. I'm sure the CMs become a bit immune to the noise. When you stated that the child was 'hurt', my first image would have been scrapes and bruises, if that.

I'm not exactly sure what I'd expect Disney to offer you for compensation? Of course, it would have been better to have addressed this issue while you were still at WDW. Maybe they would have refunded the water park costs from your ticket, or sprinkled some other form of pixie dust your way. Of course, first you complain that they didn't give you help fast enough, then you complain that they 'rushed you away to get rid of the problem' - so I'm not sure what the real issue is anymore?

BTW, if your son ever needs another cast, ask for a waterproof one, and he won't have to miss out on any of the fun!