British Teenage Girl To Sue Disney....
By Darkwing
@Darkwing (21583)
February 14, 2009 12:04pm CST
Yes, you heard me right! A nineteen year old girl who suffered brain damage after a heart attack and ensuing stroke from a ride on the Tower of Terror in Florida, is suing Disney for £10,000 damages. That's equivalent to about $14,000 on today's exchange rate. Her mother is encouraging her of course, and they're claiming negligence by Disney in the design and operation of the ride. Apparently, Disney did shut down the Tower of Terror to check for its safety, immediately after the incident but it was deemed safe and reopened soon after.
More about this incident here... http://uk.news.yahoo.com/blog/editors_corner/article/15905/
How do you think these incidents could be avoided. I mean, a sixteen year old isn't really prone to heart attacks and strokes, so how does one avoid the problem? Maybe rides with extreme "thrill factor" should be banned from theme parks, or do you think the onus is on the user, in that if they feel it's going to harm them in any way, they don't ride the attraction? How do you think this girl and her mother will fare with the law suit... do you think they have a chance? Do you think this is a one-off incident, or do you think maybe there have been others that have been settled out of court and hence, hushed up?
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27 responses
@Lakota12 (42600)
• United States
15 Feb 09
DOnt know about all that but I think the person who rides it mad that dission and should have been old enough not to get that scared!.
If she had a bad heart in the first place which she might have she shouldnt have rode it.
REally a person riding these thrill rides should take it on theirselfs to ride not ride.
I dont think the park really has anything to do with it and they might settle out of court with lower aount as for ythem not to ban the ride or hav problems with the park!
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@Darkwing (21583)
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21 Feb 09
Too right! I feel she is overcome with guilt now, and needs to shoulder that responsibility onto somebody else. That's why it's so little. These things happen as a lesson to us, all through life. We can't turn the clock back by hitting somebody else with the blame.
@Darkwing (21583)
•
15 Feb 09
I agree with you my friend, except that the mother should have stopped the sixteen-year old from taking the ride. The daughter must have been easily scared, and the mother must have known that, so why let her ride it. It smacks of guilt feelings from the mother, who is trying to prove to herself that she wasn't responsible and Disney was. I really don't think she has a leg to stand on. Disney HAVE to be meticulous about the safety of their rides or they would be bankrupt by now. No... I think the onus should be on the mother here.
Brightest Blessings my dear friend and thank you for your contribution.
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@00BleedingShadow00 (784)
• Philippines
14 Feb 09
That is so crazy! They just want to get money from Disney. Oh! It's like the news about a guy who sued Mc Donal's because the coffee that he drank was too hot the he had blisters on her lips. So crazy people! In my opinion, it is not Disney's fault why the girl suffered from a heart attack and brain damage after riding the Tower of Terror. They will not win the case, for sure. There are many stupid cases in court that was trashed. You can search it here in the inet.
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@Darkwing (21583)
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15 Feb 09
I don't know who to answer first here... I think perhaps BleedingShadow. I think the onus is more on the parent than Disney here. After all, the child was only sixteen, and a female at that. The ride has been enjoyed by probably millions of others with no effect at all, let alone a disastrous one, and yes, I agree with you, it's ludicrous to blame Disney. I would say that perhaps they ought to raise the age limit for the ride though, to adult status.
Brightest Blessings and thank you for your contribution.
@Darkwing (21583)
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15 Feb 09
HotSummer... yes, it is really sad when something like this happens but is it really the fault of Disney that the girl suffered a heart attack, followed by a stroke and brain damage, or is it the parent's fault for letting her use a potentially over-thrilling, or scary ride at the age of 16? The girl didn't have any medical problems before the ride that were known about, but as you say, you just don't go on something you think is going to scare the living daylights out of you, do you. You might at 16, so I thought it might be a good idea to make this an adult ride. After all, millions must have safely used it before this happened, and I don't think they really have any comeback on Disney. It's just one of those things that happened through a wrong decision by the parent to let the child take the ride, surely. The thing does rise 200 feet and then suddenly drop down again... you wouldn't get me on it, I know that much!
Brightest Blessings and thank you for your contribution.
@hotsummer (13837)
• Philippines
14 Feb 09
it is really sad to hear some accidents or even incidence of heart attacks like this happen on amusement park. i definitely think that she should have know that it is not safe for any one with medical problems to even try to ride on this kind of ride. cause just by looking at those rides you will know if it will be scary enough for you or if you can ride it without having any problem. i for one don't like trying to ride those kind of rids cause i feel it is not safe for me and i don't have the guts to do so. maybe Disney can give some little help for the girls medical expenses voluntarily and not under obligation because they are not to be blamed.
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@ellie26 (4139)
• Malaysia
15 Feb 09
I am sure when Disney introduced the Tower of Terror to the public, it was already checked for safety. I don't think it would be operational if it caused great harm to the public. It is unfortunate for the girl to have suffered heart attacks and stokes and permanent disabilities after the ride on the Tower of Terror, but I don't think they have a chance to win because Disney have taken the necessary steps immediately by shutting it down and reopened it when it was found deemed safe. I think there may have been others that was not reported or settled out of the court. Whatever it is, the question is if the Tower of Terror is so dangerous, why is it not shut down permanently?
2 people like this
@Darkwing (21583)
•
15 Feb 09
I agree with you, Ellie. The public liabilities insurance is great for a theme park, and when things like this occur, there's usually a full investigation into the ride. However, this was not the case, because the effects this girl suffered were not brought about by the ride, but rather, I would imagine, the girl's nervous disposition. If she was known to be of a nervous disposition, then her mother should never have let her take the ride. It sounds like a case of guilt feelings by the mother, which she is trying to deny by proving it wasn't her fault.
Brightest Blessings and thank you for your contribution.
1 person likes this
@gitfiddleplayer (10362)
• United States
15 Feb 09
Hmmm, don't they have a Euro Disney she could go sue? If she was legitimately hurt on the ride then maybe she has some merit. But if her medical records show that she has a condition then she's outta luck. Its sad that something happened to her but I think Disney will settle out of court, they don't need that kind of bad publicity surrounding their theme park.
2 people like this
@Darkwing (21583)
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15 Feb 09
I don't think she could sue Euro-Disney for something that happened in Florida, my friend. It's all the same company anyway, but it would be nonsensical trying to sue Euro for something that happened in Disneyworld!
I also don't think they would have a case to present if the girl's medical records showed a history of heart problems. However, I do feel that the mother is fighting guilt feelings for letting her daughter take the ride and she's trying to shoulder the blame onto Disney, which isn't fair, but something people do when in the state she must be in over her daughter. The onus is, of course, on the mother for letting her daughter take the ride, especially if she knew the daughter to be of a nervous disposition.
Brightest Blessings, and thank you for your contribution.
@00BleedingShadow00 (784)
• Philippines
14 Feb 09
Let me add something, if the girl fell from the tower because the ride is defective they can definitely sue Disney. But having a heart attack while riding the tower is not a good reason to sue...
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@Darkwing (21583)
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15 Feb 09
I agree with you again, BleedingShadow. The ride was tested for faults and found safe, so there was no fault on Disney's part.
Wizzy... there was no known medical problem with the girl but I do feel that perhaps her mother should have thought twice about letting a 16 year old girl ride it, as it's known to be a very sudden and immensely thrilling ride. Maybe Disney should raise the age limit and make this an adult ride, just to cover themselves for all eventualities. I mean, you wouldn't expect a 16 year old to have a heart attack because of the thrill of a ride, would you, but this is obviously what happened.
I shall follow this story with interest. Brightest Blessings and thank you for your contributions, both of you.
@Wizzywig (7847)
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14 Feb 09
Exactly... some heart attacks are unpredictable and that's not anyone's fault - its a fact of life. As I recall there are plenty of warnings as to the suitability of the rides for people with various medical problems. Its all very sad of course but shouldn't be a licence to print money.
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@become (89)
• United States
14 Feb 09
The biggest challenge Disney or whoever has to defend is the interpretation of the rides thrill factor. For example, I know my thrill factor is deemed higher than others based on the sports and hobbies I have. The girl in question, could have possibly suffered a heart attack from the ride and if so who is at fault. Not Disney as the idea of offering the thrill is upon the person getting on the ride, as long as the ride is deemed safe, rider beware.
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@Darkwing (21583)
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15 Feb 09
Yes, I think perhaps Disney might consider putting an age limit on that particular ride. I know youngsters enjoy the white-knuckle and thrill rides and at sixteen, her heart should have been ok, but maybe they should raise it to eighteen or twenty-one? I think by then, people might be more sensible in considering any consequences.
Brightest Blessings and thank you for your contribution.
@blazextreme (67)
• Canada
15 Feb 09
That girl is ruining the fun for everyone by trying to sure Disney... because they will have to put an age limit on the ride and alot of kids wont get enjoy the expierence which they could have enjoyed if that girl didnt attempt to sue.
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@Darkwing (21583)
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15 Feb 09
Disney don't HAVE to put an age limit on the ride, I just thought it might be an option for them, so that they're covered against any further possible claims. You know what it's like... once one sues, others think they should follow suit to see what they can get out of Disney. It happens all too often, my friend.
@Debs_place (10520)
• United States
15 Feb 09
I have been on the Tower of Terror several times and that ride is smooth. The first time I went on it and and could not believe that we actually went down that fast and that smooth...I was sure it had to be an illusion. The next time I went on it I looked down and realized my sunglasses were in the air..yes we were falling and fast.
If that girl has a pre-existing condition, the speed of the ride or something might have precipitated an incident but there is no way that the ride caused the problem.
If I could stop my car as smoothly...my passengers would be happy.
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@Darkwing (21583)
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15 Feb 09
The girl definitely had no medical problem prior to the ride, my friend. The paper states that when she got off she felt light-headed and suffered a heart attack, which they assume was caused by the thrill of the ride, rather than a rough ride. However, millions of people have taken the ride and I feel that Elix's explanation could be a good one. She said that the girl may have suffered blood clotting on the flight over and that the ride just accelerated the clotting and the ensuing heart attack. That could be possible I suppose, added to the altitude differences.
However, I feel that the mother should take the blame for this incident in letting her sixteen year old daughter go on the ride when there are so many notices around warning of the thrill-factor. The mother will have known what was going to happen with the ride because we see it so many times on TV adverts over here. So, I don't think Disney should be blamed although they should probably give the ride Adult status. The mother is to blame here... nobody else.
Brightest Blessing and thank you for your contribution, my friend.
@Darkwing (21583)
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15 Feb 09
Yes, I guess you could say that, but her doctors wouldn't have known about it would they? They're just going to testify that she had no known weakness pertaining to the heart before her trip.
I don't know what else Disney can do to cover any eventuality then. I'm sure not ALL younger people enjoy the ride, the same as not ALL older people do. It's like everything else in life... a matter of choice, I would have thought.
@Debs_place (10520)
• United States
15 Feb 09
If the girl had blood clots from her trip over, she had a medical problem.
My son was 11 when he went on it. It does not need to be qualified as adult status. It is fun, there was excitement. People have got to accept that sometimes life s*cks and no one is to blame.
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@faith210 (11224)
• Philippines
18 Feb 09
Hi Darkwing! This is a very unfortunate incident and I do sympathize to the sad condition of the girl. However, it is not Disney's fault that she has a heart attack. The girl has a condition that should have been diagnosed earlier and if the condition had been found out. I do think that she herself wouldn't even dare ride the Tower of Terror. I do think that the rides in Disney are safe and that they have been regulated and checked. It is the condition of the girl that has not been checked prior to the ride. I just hope that Disney could have help the girl in her medical expenses just an act of goodwill to its patrons. Just a thought.
Take care and have a great day!
lovelots..faith
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@Darkwing (21583)
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18 Feb 09
I agree with you, my friend. It's not Disney's fault so much as the mother's in letting her daughter, who was probably of a nervous disposition anyway, take the ride. I feel somehow that the mother feels guilty and the claim is low because she really is only trying to get over her guilt feelings. She needs to find somebody to blame, so that she doesn't feel so guilty.
Brightest Blessings, my dear friend. x
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@faith210 (11224)
• Philippines
19 Feb 09
Hi dear friend! I really hope and pray that she too can learn to accept the responsibility of what happened and forgive herself. I do hope that both mother and daughter will still find that life is still good and beautiful.
lovelots..faith
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@cupid74 (11388)
• Pakistan
16 Feb 09
Hi dear
first of all really sad to hear about the girl and her problem, sure its very uncommon at this age and will effect her.
I would say unfortunately its some ODD ACCIDENT, otherwise it might have happened before.
if u ask me, to be honest such Thrilling and Fearful Rides and evemt must be banned from these theme park, as kids and teens going there might not have same and strong nerves and such incidents can occur again, and u know sure they are tempting tooo.
As far as Law suite or Sue is concern, i am sure that it will be settled out of court and Disney Might be paying her some thing in good gesture and sure it will add in their publicity
Take care
1 person likes this
@Darkwing (21583)
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16 Feb 09
It's a tough one, isn't it, my friend? Some think the ride is perfectly safe, owing to the number of people, young and older, who have ridden it without any bad effects, and others think it should be banned completely. I think perhaps it should be made an adult ride... you still have the fear of nerve upset and heart attacks but older people might view the ride with more caution.
I think possibly Disney will settle out of court, but I fear that the mother is just trying to get over a guilt-feeling for allowing her daughter to take the ride in the first place. Just a hunch I have, as the settlement figure is quite low for the loss of education and a lifetime's salary, plus care and special needs.
Brightest Blessings my friend, and thank you for your contribution.
@Darkwing (21583)
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21 Feb 09
I doubt she'll recover from the brain damage my friend, and her heart is probably weakened now, at the very least, but she and her mother have to make the best of the life they have, don't you think. These things happen as a lesson of life and we should learn and grow from our mistakes. There's no point shouldering it onto somebody else... it's what we have mapped out for us, and we just have to get round the obstacle and move on in hope that things might improve.
@cupid74 (11388)
• Pakistan
17 Feb 09
Hmmm
u r right, it must br Adult ride, though 16 was not that young age but still, Accidents happened
And u r right, amount is very low and not a big deal for disney and sure nothing as compare to LOSS,
Just pray that she recover fast and back to normal life
Take care
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@Hatley (163776)
• Garden Grove, California
28 Jan 10
hi darkwing just noticed this is a yr. old but just wanted to say that here in Anaheim Ca Disneyland has a poor track reecord in covering up some bad accidents. several children have been hurt, one boy quite badly and they managed to make it look like they were not at fault yet later news reports showed they had been negligent in maintaining their equipment and it really was their fault. They were sued and settled a large amount on the boy and his parents as the child was dragged quite a ways before anyone thought to shut down the ride, and free the child. it should never have happened as it was equipment not maintained correctly.
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@Darkwing (21583)
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18 Feb 10
Hello Hatley. Long time no see... I like your new avatar.
We don't hear too much about Disneyland here... Disneyworld is less of a journey, and therefore more often used by Brits. My Mum went to Disneyland once, and I felt she enjoyed that visit better than her later ones for Disneyworld. Also, my son and daughter-in-law planned to go to Disneyworld, with their two daughters but that never came off, as the job he was doing was lost, and they were having to rely on her wage for their holidays. They'd been to the Paris park a couple of times and the eldest wanted to go to America. Maybe, from what you've told me, it was just as well they didn't go! lol. It's like flying though isn't it? The number of accidents and terrorist actions on planes, is rare in comparison to the number of flights which arrive safely at their destination. I guess Disneyland, and indeed Disneyworld, have such a great number of visitors and the accidents are so few in comparison, that they are able to cover up and "bribe" people with an "out of Court settlement". A sad story, but I'm afraid, so true.
@mariposaman (2959)
• Canada
16 Feb 09
I suspect there had to be a pre-existing condition. No 16 year old suffers a heart attack on the amusement park rides otherwise the emergency wards would be full of teenagers everytime the local fair rolls into town. Besides that is what teenagers love is the excitement. You cannot have just merry-go-rounds and tilt-a-whirl which is for the little kids. I cannot see it being more dangerous than a roller coaster which is relatively safe,, unless the cars come off the tracks.
I am suspicious of the small amount being sued for. Unless there is a legal reason for the amount to be so low it sounds like a shakedown of Disney's deep pockets.
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@Darkwing (21583)
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16 Feb 09
As I've repeatedly said in previous comments... I don't think lawyers would have even entertained the idea of suing without doctors reports pertaining to the girls medical condition before the "accident". Moreover, I feel that the mother is going through a period of guilt-feeling because she let her daughter take the ride, which ended up in her having brain damage. I can't think of any other reason why she would want to sue Disney for such a small amount, unless she needs to prove to herself and her daughter that somebody else was at fault. These things do happen, and let's face it, for a lifetime of earnings and education loss, plus special needs care costs, this sum is a drop in the ocean. I think the girl was probably of a nervous disposition and the mother still let her take the ride!
Brightest Blessings and thank you for your contribution.
@CRIVAS (1815)
• Canada
15 Feb 09
I think that when riding these types of rides, the person should always be aware that there are risks involved. If you don't think that it is something safe, then you shouldn't get on it regardless. I think that if you were to take away the extreme rides in those theme parks, they would have to close down. Now there are stories of roller coasters flying off the tracks, yes it doesn't happen often but it is still a possibility, so if you know that then why go on? For the thrill. I think that this girl had an unfortunate misfortune but I don't think that it is right for her or her mother to be suing the park for it. I think this is just one of those freak accidents that no one could see coming.
2 people like this
@Darkwing (21583)
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15 Feb 09
Yes, I agree with everything you've said, my friend. The mother is at fault here, or she feels guilty that she let her daughter go onto the ride and is now regretting her actions because of the brain damage sustained. She has to shoulder that guilt, so she's suing Disney. That's my take on it anyway. I don't agree with her suing Disney because millions of people have taken the ride without side effects. It's just one of those freak "accidents" as you say.
Brightest Blessings and thank you for your contribution.
@acornsquash (98)
• United States
14 Feb 09
she is going to succeed lol
i mean a couple years ago a pilot rammed his AIRPLANE into a city garbage truck
he sued the city for damages for his airplane and won
apparently an airplane isnt considered a vehecle so thats why he won
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@Darkwing (21583)
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15 Feb 09
Oh, how crazy is that? The pilot should have been sued by the city!!!
I'm not so sure that she will win this case. Disney actually tested the ride and there was nothing faulty. Plus, if you can imagine the millions of people who have safely ridden on the Terror Tower before this incident, then it makes the case even stronger for Disney. I really feel the mother is at fault for letting the child ride what is obviously a high-thrill ride. I know there were no medical problems known to doctors before she took the ride, but she was obviously too young to know that this could be scary enough to give her problems. I still say the onus is on the mother, not Disney.
Brightest Blessings and thank you for your contribution.
@acornsquash (98)
• United States
15 Feb 09
it doesnt matter if it is right or wrong
if they have a good lawyer they will win
ever heard of the starbucks lawsuit?
some guy spilled starbucks coffee on to his lap, burned himself
sued starbucks and won
its all on the lawyer
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@amonyel (122)
• Hong Kong
17 Jan 10
I don't know enough about this case to comment, but seriously I've seen so many incidents of people being creative to take advantage of Disney. I think the warning signs and the last-chance exits in the thrilling rides should be good enough to inform guests to make their own judgement whether they're suitable to go onto the rides.
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@Darkwing (21583)
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26 Jan 10
The girl was there, under the charge of her mother. Now, if the mother let her go on the ride, because she "wanted to", without considering all possibilities, then I don't feel it's Disney's fault, but rather the mother's. I feel she's either trying it on with Disney, or she's trying to shoulder the guilt she feels for her daughter ending up disabled.
I lost track of the case.. don't know what he outcome was, so I feel that Disney might have made an out of court settlement to hush her up, even though the accident and the girl's reaction to it, wasn't their fault.
Brightest Blessings and thank you for your contribution.
1 person likes this
@James72 (26790)
• Australia
15 Feb 09
This seems like a very small amount to be claiming after a heart attack and brain damage!
I'll be amazed if this is not settled out of court way before any trial gets moving. The fact of the matter is that things happen! This poor girl had a damaging experience on this ride, yet tens of thousands of people have ended up perfectly fine.
It's more than likely that Disney will pay an out of court settlement, more detailed warnings and recommendations will be added for all people to read before getting on the ride in future; and that will be the end of it. It's unlikely that this has been a one-off incident too. Theme Parks would have insurance premiums that are sky high! But they would always move to pay off people for sure in a majority of cases because they would wish to avoid the negative publicity.
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@Darkwing (21583)
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15 Feb 09
Yes, I agree with you. I think that maybe they've been advised to go for the smaller amount because they're likely to get an out of court settlement. It does seem very little for a lifetime's work lost, or marred by brain damage, and also for the expense of the extra care she might need, but as you say, not only tens of thousands, but probably millions have taken the ride with no ill-effect, so the ride is safe. It's all down to the mother who let her daughter take the ride, in my eyes. However, I shall watch this with interest, through curiosity. lol.
Brightest Blessings and thank you for your contribution.
@raydene (9871)
• United States
15 Feb 09
Hi Honey
Many years ago we had a 15 year old boy
collasp and die during a mile run in our town.
He had a heart defect that was undetected.
Should our town be sued?
Should we outlaw mile runs?
I'm sorry for this young woman but
sueing seems to big business these days.
BTW Some of my family members have been on this ride
a number of times as have some friends and found it
fun and went back for more.
I would wonder if she may have underlying problems
with her heart that she didn't know about.
My prayers go out to her and her family
oxoxoxxo
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@Darkwing (21583)
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15 Feb 09
As I've said, many times, I wouldn't think they would put the claim in unless they had doctors' reports supporting the health of the girl. I think Elix's idea of blood clotting during the flight being accelerated by the thrill of the ride might be a feasible one. That way, nobody would suspect that the girl might suffer ill-health by taken the ride.
I feel that Disney do everything possible to make the ride safe, and that millions of people have taken the ride previously and will have done since, without suffering any side effects healthwise. I think the onus is more on the mother for allowing the girl, as a minor, to take the ride. As you, and others say, she was doing something she wanted to do, or enjoyed doing, despite all the disclaimers so Disney cannot be held responsible for this. Not in my eyes, anyway. However, I think Disney might treat it as a small, irritating bug, and pay them to go away... more's the pity!
Brightest Blessings my dear friend and thank you for your contribution. x
@Darkwing (21583)
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16 Feb 09
I don't think their lawyer would entertain the idea of filing a claim if there had been any medical problem with the girl beforehand. I think it's more of a guilt trip by the mother who let her take the ride. She thinks if she can sue Disney, then people won't consider it her fault that she let a sixteen year old daughter of nervous disposition take the ride. I feel she might be stressed as she's responsible herself for causing her daughter's brain damage.
Brightest Blessings and thank you for your contribution.
@Darkwing (21583)
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15 Feb 09
That's a cute and precise way of putting things, but I agree with your point, wholeheartedly. I blame the mother for letting her onto the ride... she should have had control, and Disney have seen millions of people onto and off of the ride safely, or it would have been banned long ago for health and safety reasons.
I really think this is a poor effort to get money out of a big organisation, perhaps through the mother's own guilt, but I don't think she'll win the case to be honest... that's if it ever gets to court.
Brightest Blessings and thank you for your contribution.
@snowcat46 (2322)
• United States
16 Feb 09
The money doesn't seem too outrageous if she suffered a heart attack. I think they'll win the law suit, if it goes to court. But I think it will be settled out of court. Disney can't afford bad publicity. They live on their image. They can't be seen like this.
I suspect the girl had something wrong that we don't know about. A heart murmur, or something no one knows about. She shouldn't have had a heart attack just from a ride.
1 person likes this
@Darkwing (21583)
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16 Feb 09
Yes, I feel Disney might settle out of court, but think about this... I feel the claim is so low because the mother can't come to terms with the fact that her daughter suffered this condition, because the mother let her take the ride. I think she's fighting with her conscience and that she's only trying to prove to herself and her daughter that the condition is not all her fault. It's certainly a very low sum considering the girls loss of education and earnings, and her special care needs for the rest of her life. What think you?
I'm sure there was no record of ill-health before the trip, or the claim wouldn't have been submitted. Lawyers will have check her medical records with doctors. Brightest Blessings and thank you for your contribution.
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