"Teacups" Lawsuit About This Page:

[RobDVC]

I had a feeling this was going to happen.....
'Teacups' beating victim sues Disney -- -- OrlandoSentinel.com

[lukeandbrookesmom]

Just read that, too! Unbelievable

[PamelaK]

It's all about the money for them. How sad.

[janicelovesmickey]

wow, what next?

[jimmymac]

Taking on Disney in court is not a wise thing to do. They are not going to win

[DopeyGirl]

I knew she was going to do that . . . but give me a break.

I don't think she has a leg to stand on in court on this. :

[Dave Marx]

They're looking for a settlement, not a day in court, but you can't get a settlement unless you file suit.

We don't know enough about how Disney handled the incident to be sure whether Disney would confidently say, "Bring it on," or feel there was enough risk in a trial that a settlement would be justified. Descriptions of what actions were taken by the ride operators and other cast have been absent from the reports I've read, and I've found that somewhat surprising.

[kangelop]

Are you kidding me?

[oldmom]

It depends on where it is cheaper for Disney to just settle to make her go away or not. I suspect that they fight all suites for fear that they would be an easy target for the unscupuleous.

[Caldercup]

While there are many (MANY) ridiculous lawsuits that Disney has to fend off, there are times that the company may be liable. Since we don't know what actions were taken to stop the guest who attacked the other guest, we don't know if the lawsuit against Disney has merit.

<<shrug>> Guess we'll have to wait and see what facts come out of this lawsuit.
Eileen

[scottjs]

I do have the feeling some information may be missing. But usually I would say taking Disney to court is rather useless.

[Mares75]

I didn't even know you could sue someone for "loss of compainship and support". Disney very well may have some liability but when people start tossing things like that in, it makes the whole thing seem to me to be more about how much money someone can get.

[Meeko]

Originally Posted by Mares75

I didn't even know you could sue someone for "loss of compainship and support". Disney very well may have some liability but when people start tossing things like that in, it makes the whole thing seem to me to be more about how much money someone can get.

It's actually a pretty standard claim - some states call it "loss of consortium." Basically, it allows an immediate family member, i.e. spouse or child, to be compensated for the time they've lost with the injured person. For example, if someone is in a serious car accident and in the hospital for two weeks and at home bed-bound for three more weeks, then they are not able to do their normal things during that time - clean the house, go out to dinner with their spouse, attend their kid's recital, etc.

That being said, while it is a valuable legal tool to obtain people the valid compensation they deserve in some cases, it can be abused like any other aspect of the law. Without knowing all the circumstances of this case, I can't give a real opinion on the merits. But in a negligence case, they would have to prove that Disney owed them a duty of care to protect them from this type of injury/incident, that this duty was broken, and that the breach of duty resulted in injury and damage. I think they might have a hard time proving the duty of care owed to them here and showing that Disney should have foreseen this kind of situation and consequently should have had more people on staff to prevent this situation and remove the individial earlier.

It'll be interesting to see if this gets dismissed or settled - I'd be surprised if it goes to trial, Dave's right on that point. Of course, if it settles it will probably be confidential and we'll never know the terms.

Now, if I can only convince DH to move to Florida so I can put my degree to better use and work for Disney's legal dept... Of course, I wouldn't want to deal with this kind of nonsense, I'm a "dirt" lawyer at heart and would rather deal with their environmental/land use issues...

[shydonna1]

so very sad...

[TinkerBelz]

Meeko - thanks for the informative post. I'm didn't know any of that and you explained it SO well, for someone like me who said "Huh" when I read "loss of companionship and support".