Is Disney World Orlando Liable for all Injuries That Take Place at the Park?
Disney World is a major attraction in Orlando, Florida. It is known worldwide as a place "Where Dreams Come True". There is certainly something magical and special about Disney World and all of the wonderful characters, rides, and attractions at the Magic Kingdom Park, EPCOT, Disney's Hollywood Studios, Disney's Typhoon Lagoon Water Park, Dowtown Disney, ESPN Wide World of Sports Complex, Disney's Blizzard Beach Water Complex, and Disney's Boardwalk. Due to the shear size of Disney World and all of its attractions, properties, hotels, restaurants, and water parks, injuries to both adults and children are bound to happen. With any kind of physical activity, there is always a risk of injury which then presents the following question:Is Disney World Orlando Liable for all Injuries That Take Place at the Park?
The simple answer is "No". The reason that the answer is simple is because of the use of the word - ALL - in the question above. Disney is not an insurer or guarantor that injuries will never happen on its properties. For instance, let's assume that a guest is walking down Main Street and twists her ankle. Soon thereafter, the ankle begins to swell and she gets some assistance from the Disney staff in the form of a wheelchair and an ice pack. Is Disney responsible for this incident? Let's put in a few additional facts. The guest was merely walking down Main Street which was clean, level, and free from any hidden or not do hidden hazards or obstacles. The ankle of the guest twisted through no fault whatsover of Disney. Under this fact scenario, Disney would not be legally responsible for the injuries, bills, or pain and suffering.
Here is a different scenario. A child enters a ride and is cut by a sharp piece of metal that was worn and rusted. The child required eight stitches at a local emergency room and will have a scar across her knee. The child entered the ride as instructed and did nothing to cause or contribute to this the incident or injury. Under this fact pattern, there may be a viable case or cause of action to pursue against Disney for the failure to inspect and properly maintain the ride. The elements of a negligence case, under this fact pattern, may be established:
- Breach of Duty;
- Causation; and
Of course, there are no guarantees of a result on any particular case. Many such cases settle while others proceed to trial and are left to the judge and / or jury to decide the issues of contention.
Disney is a very large and powerful corporation. While Disney puts the resources and funds in to maintain its parks, incidents (that could have been prevented with better supervision and maintenance) still take place from time to time. An injury victim or the parent of an injury victim if the victim is a child should contact a Florida Personal Injury Lawyer for guidance, direction, and legal representation when necessary when there is an injury that takes place at Disney property or another location. It is important to know the legal rights of the injury victim especially if the victim is a child. As noted by the examples set forth in this article, not every injury turns out to be a case. As such, it is helpful to get advice from an attorney as the the rights of the injured child and the legal responsibilities of the property owner.
The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Attraction and Theme Park Injuries, Shopping Center and Mall Injuries, Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.