Disney is worth about $155 Billion dollars. But Disney World doesn’t automatically have to pay you if you’re hurt on its property.
The same is true if you’re hurt at a hotel on a Walt Disney World or any Disney property.
Watch my video on Disney accident claims and settlements:
Since making the above video, I’ve added content to this article.
Does Walt Disney World Settle Personal Injury Cases?
Yes, if the injured guest has a possibility of showing that Disney did something wrong (of failed to do something) that caused his or her injury. This is known as negligence.
Just search through Orange County (Florida) civil court records. You’ll see that Walt Disney World has settled many injury cases.
For example, on or about October 2017, Lynn Barrett settled her personal injury case with Walt Disney Parks and Resorts. This isn’t my case.
Since this lawsuit provides information about how Walt Disney World handles claims, I’ve going to discuss it.
This is an alleged slip and fall case in which Barrett claimed that she slipped on water while entering the ride vehicle for the Pirates of the Caribbean® attraction on June 6, 2015.
She admitted that she (1) rode this ride many times before, (2) knew that it was a “water ride” and therefore naturally had water on and around it, and (3) specifically remembered seeing the water that supposedly caused her to fall before stepping in it.
Disney tried to get the case dismissed by arguing that condition alleged in her lawsuit – the presence of water on a water ride—is one that she admitted to being aware of generally, and to specifically seeing before stepping onto the water.
Thus, Disney claimed that the condition of the ride vehicle, i.e, the presence of water, was so open and obvious that as a matter of law Disney cannot be found to have constituted a dangerous condition.
Will Disney Use Emails (That You Send Them) to Try do Dismiss Your Injury Lawsuit?
Expect Disney to use your emails (that you send to Disney) against you. The injured person should report the accident to Walt Disney World and ask Disney to preserve any relevant evidence.
However, details can often decrease the full value of the guest’s case. Let me give you a real life example.
In the Pirates of the Caribbean slip and fall lawsuit that I mentioned above, the injured guest wrote to Disney within two days of her accident.
Like many injured guests, I assume that she wanted a quick response.
And you guessed it…
Disney actually used her email (as Exhibit A) when it asked the court to dismiss the case. The portion of the email that Disney used stated that the guest saw the water on the ride vehicle before she encountered it.
Specifically, she wrote to Disney:
I am writing in response to an accident at the Magic Kingdom Walt Disney World Pirates of the Caribbean ride that happened on 06/06/2015 at around approximately 11:00 p.m. My husband and I were attempting to get on the boat in the first row and when stepping into the boat I noticed the ground was soaked with water.
In a slip and fall case, if you see liquid on the floor before your fall, this usually decreases the full value of the case. This is because a jury may place fault on you for seeing the dangerous condition and knowingly stepping on it anyway.
The full value of your case is reduced by your percentage of fault. So, if you’re 60% at fault, you are only entitled to 40% of the full value of your case. Likewise, if you’re only 10% at fault, you’re entitled to 90% of the full value of your case.
Disney also showed the court a photo of the warning sign that said “You May Get Wet!”
In her email to Disney, she claimed that she fell on her entire left side. She twisted her ankle and bruised her left side.
I don’t know if she was diagnosed with an ankle fracture. The value of pain and suffering associated with a broken ankle is much more than a sprained ankle.
This case was settled before the court heard Disney’s motion (request) to have the case dismissed.
As with all the Walt Disney World injury settlements in the court record, the settlement amount isn’t listed.
As usual, Walt Disney used outside attorneys (not its own) to defend the lawsuit. Disney used attorneys Frank Hosley and Paul Shafranski of the law firm of Bowman and Brooke LLP. They have an office in Lake Mary, Florida.
The guest used a personal injury lawyer. Trying to sue Disney in a personal injury case without a lawyer is a poor decision.
Reedy Creek Emergency Services Provides Ambulances
Getting the Reedy Creek Emergency Paramedic Medical Records and Bills
To get your medical records and bills, send a written request with a patient authorization to:
1900 Hotel Plaza Blvd.
Lake Buena Vista, Florida 32830
Email: [email protected]
Send those bills to the Disney adjuster as soon as possible. This will help them get the authority they need to settle the case.
Get the 911 Call from the Reedy Creek Improvement District
Tim O’Toole, of the Reedy Creek Improvement District, handles requests for a copy of any 911 calls or transcripts made from a Disney property. You can also get the 911 call by writing to the same e contact for ambulance records and bills.
For 911 Call, you should give include the date, time and location of the accident. This will help them find the record.
Report the Accident to Disney
You should report the accident to Disney asap after it happens.
DON’T EVER give a recorded statement!
You don’t have to give a recorded statement, or any statement, to Disney’s claims adjuster.
Almost all of the time, it won’t help you.
A Friendly Adjuster Doesn’t Mean Disney Will Pay
Many adjusters are friendly. Disney is a very large company. The director of Walt Disney World claims says that they use their own adjusters. This is similar to Walmart.
Disney’s claim adjusters don’t want to pay money that they don’t owe. Don’t mistake a Disney adjuster who is friendly for one who’ll be quick to pay you.
Don’t Give a Statement to a Disney World Claims Adjuster
In terms of the best time to give a statement, the turtle wins the race.
Your emotions will likely run high after you’re hurt. Some injuries take months or years to heal.
Move slowly when it comes to giving a statement.
Notifying Disney in Writing of Your Accident at a Theme Park, Hotel or Somewhere Else
As soon as you are able to, you should send an email, fax and letter (certified mail return receipt) to Disney letting them know that you suffered injuries because of their negligence.
The letter and fax should be simple. You may want to send it to also the actual property where you were hurt. Ask them to preserve video footage of 3 hours before and after your accident.
Walt Disney World Claims Department Contact Info
It is tough to find Disney World’s contact info for personal injury claims.
If you do a Google search for “Disney World Claims”, the #1 search result is a page on Disney’s website.
The bad news?
When you click on that [Disney’s] page, it does not tell you how to make an injury claim with Disney World. In fact, the word “claim” isn’t even on their page.
What is the mailing address for claims for guest injuries that occur at Walt Disney World?
I found the Disney Claims address online. You should confirm that it is correct. The address that I found is:
Disney Guest Claims
PO Box 10050
Lake Buena Vista, FL 32830-0050
Here is a fax number that I found online for Disney guest injury claims online. It is (407) 397- 6799. Check to make sure that it is correct.
Will Disney Immediately Pay Your Bills or Lost Wages?
I haven’t yet seen a huge company have medical payments (“Medpay”) coverage. By huge, I’m referring to companies worth $20 billion or more. And I’ve already said that Disney is worth $155 Billion.
Thus, Disney theme parks (or hotels) likely don’t have Medpay coverage.
Most business that you get hurt at will likely only give you one check when settling your personal injury case.
Will Disney Send You To A Doctor if You’re Injured on Their Property?
Don’t expect Disney to send you to a doctor. Disney doesn’t legally have to arrange for your medical treatment.
Similarly, don’t expect Disney to pay your bills until the personal injury case is over.
Likewise, Disney won’t likely give you an advance payment before the case settles. Mickey is friendly. But not that friendly.
You Don’t Have to Sign a Medical Authorization
Just like any premises case, a Disney claims adjuster may send you an authorization to gather medical records, bills and other information. Adjusters do this so that they can get these documents and evaluate the case value.
Companies like Disney don’t give you these medical authorizations so that they can pay in advance for your medical treatment.
A Signed Medical Authorization Doesn’t Mean You’ll Get Paid
Don’t expect Walt Disney World to pay bills as they receive them.
The same is true in regards to lost wages. Don’t expect for Disney to pay your lost wages before the personal injury case settles.
Disney Adjusters May Look at Past Orange/Osceola County Verdicts When Making an Offer
Past Osceola and Orange County jury verdicts help determine if you have a case. They may also help determine the pain and suffering component of the injury case.
The adjuster will know what the going rate is in Orange County, and anywhere in Florida, for the pain and suffering component of a particular injury.
If a Florida Disney theme park, hotel or other property’s negligence caused your injury, it is important to look up past verdicts in Osceola or Orange County for the pain and suffering component of a particular injury.
Those counties are where most lawsuits, and trials, against Disney take place since they are where the accident happened.
You should first look for Florida jury verdicts in the past five years, preferably in Osceola and Orange county. If you cannot find good jury verdicts for these counties, send the adjuster verdicts from nearby counties.
You Must Show That Disney was Negligent
In order for Disney to pay you money to settle your personal injury claim, you must show that Disney’s carelessness caused your injury. If Disney isn’t negligent, the guest doesn’t have a personal injury claim.
Disney does a good job of maintaining its properties. The Walt Disney Company, which owns Disney theme parks and properties, did not become a $172 Billion dollar company by being sloppy.
However, all companies and people make mistakes from time to time. Thus, Disney may be negligent.
Disney World Adjusters Can Quickly Inspect the Accident Scene
According to a recent job posting on Google, Disney claims adjusters are located in Kissimmee, Florida.
Likewise, Disney World theme parks, hotels and restaurants are located in Kissimmee. Therefore, Disney claims representatives are located in the same city as the accident scene. Thus, these claims representatives can personally investigate the scene.
In fact, this same ad says that the Disney guest claims representative must occasionally respond after hours. Here is the relevant part of that ad:
As a result, Disney’s accident investigations can be done quickly. Probably quicker than investigations done by defendants in other injury cases.
This is all the more reason for the injured guest to immediately start his or her investigation. Guests who are badly injured (due to Disney’s negligence) should immediately call a Disney injury attorney.
Injuries at Restaurants on Disney’s Property (That Disney Doesn’t Own)
If the restaurant is not owned by Disney, then generally speaking Disney is not at fault for the incident if Disney didn’t do anything wrong.
If you’re hurt at a restaurant on Disney property than is not owned by Disney, then you should immediately notify them of the claim and request their insurance coverage.
You should ask them, in writing, for the name of their insurance company, the effective dates of the policy, the name of the insured, the coverage limits, and a copy of the policy.
Assuming you have a case, it may be easier to settle with one of the insurance company for one of these restaurants than Disney.
This is because non-Disney restaurants may have insurance coverage as opposed to having a self-insured retention (SIR) like Disney may have.
Will Disney Ban You From Its Theme Parks for Making a Claim?
I have never heard of Florida Disney banning a claimant, who makes a personal injury claim, from its theme parks.
This is good news for accident victims because some are scared to make a personal injury claim.
You Should Preserve Evidence
You should preserve possible evidence.
- photos or video taken during your trip
- receipts of any purchases made at the property where the accident happened
Receipts and other items may also reveal if and how much alcohol one of your witnesses (a spouse, friend or relative) was drinking before the incident as well. This may affect the witness’ credibility.
This receipts and other documents may also help you remember your activities in the days before and after the incident at Disney which caused your injury.
Disney Can Pay Any Claim
If a Disney vehicle hits you or you’re hurt on Disney property, Disney has the money to pay even the largest claim.
Travel Insurance May Cover You for Your Injury at Walt Disney World
Maybe. When you booked your vacation package with Walt Disney World, you may have added vacation insurance. It is optional and costs extra.
Travel insurance covers you and your family for some unexpected events.
Travel Insurance May Cover Medical Expenses
It may cover you for medical expenses. Medical expenses include doctor, hospital and/or prescriptions.
Travelex Claims – Submit Proof of Claim
4600 Witmer Industrial Estates, Suite 6
Niagara Falls, NY 14305
You need to submit the proof of claim within 90 days. Find out more about claims information for Travelex Insurance.
Travel Insurance May Cover Accidental Death & Dismemberment
The odds are that you will not qualify for the Travel Insurance’s Accidental Death and Dismemberment. To qualify, it requires the loss of life, limb or sight resulting from an injury sustained while on the covered trip.
You can also report the claim via phone to the Travelex Client Services Department. They will take down the initial information about your claim. You will still need to complete and send them the required documentation list.
Disney Travel Insurance is underwritten by Stonebridge Casualty Insurance Company.
Disney Settles Lawsuit For Death Worker Killed by Roller Coaster of Animal Kingdom
On March 13, 2011, Russell Roscoe, a Walt Disney World mechanic, was working at Animal Kingdom amusement park. According to OSHA, he was part of an engineering test crew that was conducting “wet testing” on one of the park roller coasters.
During testing, in a location outside the safety fence, he was struck by one of the passenger carts. Roscoe was taken to Orlando Regional Medical Center, where he later died due to his injuries.
He was survived by his wife, who sued Walt Disney World for wrongful death. Typically, a worker who is injured on Disney property only has a workers’ compensation claim.
However, if a worker can prove that the task he was asked to perform was “virtually certain” to cause him injury, the worker can sue for personal injury. Her attorney argued that the task was virtually certain to cause his death.
Disney argued that the task wasn’t virtually certain to cause his injury. The lawsuit went on for about three and a half years.
The Orlando Sentinel reported that the decedent’s wife’s attorney said “The case has been resolved to the parties’ satisfaction. The terms of the settlement are confidential.”
In February 2016, the decedent’ wife dismissed the lawsuit, which is common after a case is settled.
Has Walt Disney World Ever Lost an Injury Lawsuit?
Yes, at least two that I’m aware of.
This isn’t my case. A jury awarded $668,000 to a man who suffered 1st and 2nd degree burns to his groin.
He was with his wife and child at a character breakfast at one of the Walt Disney World resort hotels, the Polynesian Resort.
A Disney waitress spilled a pot of hot coffee in the lap of this 33-year-old man. The case went to trial against Disney in Orange County.
According to the injured man’s lawyer, Disney refused all fair opportunities to settle the case before trial. He claimed that Disney did recognize that the injuries were their fault.
Parents Win $2 Million for Son Who Drowned at Walt Disney World
The parents of a minor sued Walt Disney World for the wrongful death of their four-year old son, who drowned in a man-made waterway or moat at Walt Disney World. In 1987, a jury returned a verdict of $1,000,000 for the minor’s father, and $1,000,000 for the mother.
The jury also determined that Disney was fifty percent negligent, and the minor’s mother was fifty percent negligent. Therefore, a judgment was entered for $500,000 dollars for the mother and $1,000,000 for the father.
On appeal, Disney argued that verdict was too high.
The appeals court said that there was unrebutted evidence before the trial court that the parents suffered almost complete, full personality changes since the loss of their son and that their grief was overwhelming, genuine and crushing.
The appeals court let the verdict stand. Walt Disney World Co. v. Goode, 501 So. 2d 622, 626 (Fla. 5th DCA 1986).
Hiring an Out of State Lawyer May Require Double Work and Stress
The injured victim may hire a lawyer in his or her home state. The case may get to a point where a fair settlement cannot be reached.
Only Florida Lawyers Can Sue Disney World
If so, the victim will have to hire a Florida lawyer to file a lawsuit. The claimant needs to make sure that every piece of information supporting the case was sent to Disney.
Most people who have already experienced a serious injury do not want to go through the stressful process of interviewing a second lawyer, reading the fee contract and state of client right’s, answering a new client questionnaire, and signing authorizations.
Out of State Lawyers Can’t Sue Disney in Florida
There are many reasons to hire a Florida lawyer, instead of an out of state lawyer, to represent you in a claim against Disney. If you are injured in Disney in Florida, you can only file a lawsuit in Florida. Usually it must be filed in Orange County.
A lawyer who is licensed in Florida can sue Disney which may add leverage to settlement negotiations.
Any adjuster handling a personal injury claim against Disney knows that a Florida lawyer has the ability to quickly file a lawsuit.
Disney World Uses Outside Attorneys to Defend It from Injury Claims
If a lawyer sues Walt Disney World for a guest’s injury, Disney will likely hire a defense attorney. I assume that Disney pays its attorneys on an hourly fee.
If someone was making a claim against you, would you make a fair offer if you knew that he or she could not sue you?
I am ready, willing and able to represent someone if Disney World’s carelessness caused his or her injury in Florida. However, I am not the right attorney if you were injured in Disneyland in California.
This is because I am not licensed in California. Thus, I cannot sue there.
Out of State Lawyers May Not Know Florida’s Laws
Every state has different laws.
A Florida accident attorney should have a solid grasp of Florida negligence laws, comparative negligence, standards for proving causation, recovery of economic damages (e.g. medical bills, lost wages) and non-economic damages (e.g. pain, suffering, mental anguish, etc.), time limits to sue for negligence (depends on the type of case), as well as past jury verdicts and settlements in similar cases so that he or she can properly evaluate the case value.
This will allow the attorney to determine if a settlement offer is fair or whether the injured person should sue. Some other states are known for having lower average injury settlements than Florida. The opposite could be true as well.
So if you live in a state that has conservative settlement values and juries, an out of state attorney could place a lower value on the case against Disney.
Florida Attorneys May Not Want a Case Once An Out of State Attorney Has Worked On It
If you hire an out of state attorney who practices in your home state and he or she begins working on the case, a Florida attorney is less likely to want the case as it has already been worked on. Every attorney has a different style of practicing.
If a prior attorney did not send a letter, email or fax asking Disney to preserve surveillance of the incident scene, this can damage the case beyond repair.
A new attorney may not want to take on a case that is a ticking time bomb.
What Theme Parks Does Disney Own?
The following theme parks are owned by Disney:
- Magic Kingdom
- Disney’s Hollywood Studios
- Disney’s Animal Kingdom
- Water Parks
- Disney’s Typhoon Lagoon
- Disney’s Blizzard Beach
Injuries at a Restaurant in the Magic Kingdom
There are many restaurants on the various Disney Properties in Florida. It is my understanding that the restaurants in the Magic Kingdom in Orlando are owned by Disney. An injury claim would need to be submitted to Disney.
Some Magic Kingdom restaurants are:
- Aloha Isle
- Auntie Gravity’s Galactic Goodies
- Be Our Guest Restaurant
- Casey’s Corner
- Cheshire Café
- Cinderella’s Royal Table
- Columbia Harbour House
- Cool Ship
- Cosmic Ray’s Starlight Café
- The Crystal Palace
- The Diamond Horseshoe
- The Friar’s Nook
- Gaston’s Tavern
- Golden Oak Outpost
- Liberty Tree Tavern
- The Lunching Pad
- Main Street Bakery
- Pecos Bill Tall Tale Inn and Cafe
- Pinocchio Village Haus
- Plaza Ice Cream Parlor
- The Plaza Restaurant
- Prince Eric’s Village Market
- Sleepy Hollow
- Storybook Treats
- Sunshine Tree Terrace
- Tomorrowland Terrace Fireworks Dessert Party
- Tomorrowland Terrace Restaurant
- Tony’s Town Square Restaurant
- Tortuga Tavern
- Westward Ho
- Wishes Fireworks Dessert Party
Wide World of Sports Complex Accidents
Learn why a Florida appeals court didn’t let Disney of the hook even though a guest signed a Wide World of Sports Complex post-claim release after he was injured.
Injured at Other Florida Disney Properties
Apart from its theme parks, hotels and cruise ships, Florida Disney owns the following properties:
- Disney’s Lake Buena Vista Golf Course
- Disney’s Magnolia Golf Course
- Oak Trail Golf Course
- Osprey Ridge Golf Course
- Palm Golf Course
Learn more about Florida golf club injury claims.
Walt Disney World also owns:
- Disney’s Fantasia Gardens Miniature Golf Course
- ESPN Wide World of Sports Complex
- Disney’s Winter Summerland Miniature Golf Course
- DisneyQuest® Indoor Interactive Theme Park
- Downtown Disney® area
- Downtown Disney® West Side
- The Spa at Disney’s Saratoga Springs Resort & Spa
- Downtown Disney® Marketplace
- Walt Disney World® Guided Fishing Excursions
The most common accident at most hotels or businesses are slip, trip and falls.
If you have either of these types of incidents at one of the above properties, then you should immediately report it to the property and to the Disney corporate address which I list further below.
You should also request that Disney preserve the surveillance footage for the entire day of the incident.
Some restaurants on Disney properties, include:
- Bongos Cuban Cafe®
- EARL OF SANDWICH® Restaurant
- Ghiradelli® Ice Cream and Chocolate Shop
- House of Blues® Restaurant
- Kouzzina by Cat Cora®
- Planet Hollywood® Restaurant
- Raglan Road™ Irish Pub and Restaurant
- Rainforest Cafe™ A Wild Place to Shop and Eat
- T-REX Cafe™
- Wetzel’s™ Pretzels
- Wolfgang Puck™ Caf3
- Wolfgang Puck™ Express
- Yak & Yeti™ Local Foods Cafe
- Yak & Yeti™ Restaurant
Yes! Foreigners have similar rights as US residents. But there are differences.
- Disney Put Up a Fence. Can It Be Used Against Them if Family Sues for the Death by an Alligator?
- Why I think Disney May Have Paid $10 Million to Settle Boy Killed by Alligator Case
This is a very sad and tough subject to talk about. With that being said, see How Much Compensation a Parent Is Entitled to for the Death of a Child in Florida.
How Long Will It Take to Settle an Injury Case With Disney World?
Let’s assume that the injured person wants to try to get fair value for his or her case. If so, he (or she) can’t settle until the medical treatment is done.
The injured person needs to know what future medical treatment will be needed. The injured person won’t know this until a doctor has released him or her from the treatment.
However, since Disney is such a big company, it is likely self-insured for a certain amount. This puts less pressure on Disney to quickly settle.
Insurance companies face bad faith exposure for failure to settle. Self-insured companies don’t have this pressure.
Therefore, all things equal, the injured person’s case may take longer to settle with Disney than if he or she were injured at a small business.
Most small business have insurance. If an insurance company acts in bad faith, the injured person can file a consumer complaint. Sometimes making a complaint with Department of insurance can get a case settled faster.
However, with a self-insured business, the injured person can’t complain to the department of insurance.
Do You Have a Case if You Are Injured Due to a Crime (By a Third Party) at Disney?
Maybe, if can prove that the crime was forseeable to Disney. If one of the following crime occurs on Disney property, you may have a personal injury case against Walt Disney World.
The crimes are being:
- Badly Beaten from an Assault
Likewise, if a family member is murdered at Walt Disney World, the family members may a claim. They would have a wrongful death case.
Do You Have a Case if You’re Injured Due to Crime Committed by a Disney Employee?
If a Disney employee commits a crime and injures you, you don’t have to prove that the crime was forseeable. Crimes include rape, assault, murder and shootings.
Similarly, if a family member is killed at Walt Disney World by a Disney employee, the family members may have a wrongful death case against Disney.
Is Disney World Required to Report Amusement Ride Accidents to the State of Florida?
Yes. Each quarter, Disney World is required to send the Florida Department of Agriculture and Consumer Services, Bureau of Fair Rides Inspection a summary of incidents for any accident for which a guest is taken to a hospital.
This report is called the exempt facilities report, and it is located on the Media Downloads page on the Florida Department of Agriculture and Consumer Services website. Each report covers a quarter (3 months) in a year.
This report may help show that Disney World knew or should have known of any dangerous conditions before your accident.
Past Accidents Reported by Florida Disney to the Department of Agriculture
Below are accidents taken from occurrence reports that Disney sent to the Florida Department of Agriculture. These reports are not a determination that either the guest or the owner/operator is responsible for the occurrence.
I have not included accidents or incidents that did not involve a ride.
Apart from being on rides, each year millions of people go to Disney’s properties such as hotels, restaurants and more. So there may be many more accidents that are not public record.
Disney’s Typhoon Lagoon
Ride: Castaway Creek
Claimed Injury/Apparent Injury: Fractured toe on outer wall
Ride: Humunga Kowabunga
Claimed Injury/Apparent Injury: Laceration
Hand, Wrist and Finger Injuries
Ride: Jungle Cruise
Claimed Injury/Apparent Injury: Fractured finger
Ride: Pirates of the Caribbean
Claimed Injury/Apparent Injury: Lacerated tips of two fingers.
Ride: Pirates of the Caribbean
Claimed Injury/Apparent Injury: Lacerated 4 fingers.
If a doctor relates your neck injury to the accident, it can increase the full value of the case.
Park: Disney’s Blizzard Beach Water Park
Age of Guest/Gender: 67/M
Claimed Injury/Apparent Injury: Cervical injury after collision near end of slide
Lower Leg (Tibia and/or Fibula) Fractures
Ride: Tomorrowland Indy Speedway, 64 yom*, guest injured ankle attempting to step out of the vehicle.
yom means year old male.
Ride: Mayday Falls, 41 yof*, fractured ankle
*yof means year old female
Ride: Mayday Falls
Age of Guest/Gender: 42/F
Claimed Injury/Apparent Injury: Injured ankle.
Leg Injuries and fractures
Ride: Humunga Kowabunga
Age of Guest/Gender: 14/M
Claimed Injury/Apparent Injury: Fractured arm.
Ride: Pirates of the Caribbean, 47 yom, guest with pre-existing condition felt back pain when exiting the ride
Learn more about back injuries at Disney-Hollywood Studios.
Upper Leg (Thigh)
Cyberspace Mountain, 7 yof, thigh pain
Ride: Humunga Kowabunga, 10 yom, fractured hip
Learn about hip fractures from falls at Disney World.
Learn about falls at Disney-Hollywood Studios in Orlando.
Ride: Storm Slide – Rudder Buster
Age of Guest/Gender: 66/M
Claimed Injury/Apparent Injury: Fractured ribs after collision with another guest.
Tip: If the other guest’s carelessness caused your injury, you should be sure to get their homeowner’s or renters insurance. It may pay for your damages.
Disney is liable if one of its employees spills a hot liquid on you. It could be hot water, coffee or another liquid.
Learn more about claims for spinal injuries from falls at Disney.
On May 11, 2015, Wesh Orlando reported that the family of a Disney World worker killed by a ride filed a lawsuit. Russell Roscoe was killed while working on the Primeval Whirl. Wesh says that the judge will hear motions related to a wrongful death lawsuit.
Per OSHA, the following happened at Animal Kingdom in Florida. Disney’s Animal Kingdom is one of the largest theme parks in the world. It is part of Walt Disney World Co.
“At approximately 2:30 p.m. on March 13, 2011, Employee #1, a mechanic, was working at an amusement park. He was part of an engineering test crew that was conducting “wet testing” on one of the park roller coasters.
During testing, in a location outside the safety fence, Employee #1 was struck by one of the passenger carts. Employee #1 was taken to Orlando Regional Medical Center, where he later died due to his injuries.”
OSHA cited a violation of Standard 5A0001:
“Section 5(a)(1) of the Occupational Safety and Health Act of 1970:
The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to a struck-by hazard from the Primeval Whirl coaster: check/troubleshoot gate sensors when they provide a false or no reading; generate a checklist to use during “testing operations” or incorporate the checklists used during “normal operation” into everyday operation of the Primeval Whirl Ride; and, utilize a communication system to verify personnel are not in areas where they would be exposed to a struck-by hazard from the coaster prior to activating the ride…”
Many injuries can happen at Disney. I just wanted to name a few.
I wrote a separate article on slip and fall injury claims against Walt Disney World in Orlando, Florida.
Which personal injury defense attorneys does Disney use in Florida?
Disney has used several attorneys and law firms to defend itself in injury claims.
On August 16, 2018, Walt Disney World used the law firm Jon Hernan (Bowman and Brooke LLP) to defend it. Here are the allegations according to the Disney guest’s (Eugene Teto) lawsuit.
Eugene was on an electric conveyance vehicle (ECV) while inside the monorail in Orlando, Florida. A Disney World employee allegedly told Eugene that it was safe to start backing onto the ramp. Eugene followed his direction. Eugene backed his ECV onto the ramp.
As Eugene was being directed by the Defendant’s employee, Eugene felt his ECV begin to tip backwards, then–suddenly–it flipped violently backwards, slamming Eugene’s head onto the concrete platform and twisting his neck in a way that nature never intended.
Several months after the accident, he had surgery to fix his neck. Neck surgery cases can have a high settlement value. I don’t know what type of neck surgery Eugene had.
However, the full value of pain and suffering for a fusion surgery is large. I’m talking about for settlement purposes.
OK. Back to Eugene’s case. Disney has denied that it is liable. As of January 7, 2018, the case has not settled. I assume that Disney has a different version of how the accident happened.
Disney also uses the following defense attorneys:
- Kurt Spengler (Wicker Smith), Orlando, Florida.
- John Ward Smith, Edwards, et al., P.A., Maitland, FL. 2011
Disney employee accidents (Workers Compensation)
If you were injured while working for Disney, you do not have to prove that Disney did something wrong in order to possibly be able to get benefits. Ingress and egress on Disney property is covered by workers compensation. So if you have not yet clocked in or out but you are injured on Disney property, then you are covered by workers compensation.
Disney may have entered into an agreement with a parking lot or garage to reserve slots for Disney employees who work across the street or down the block. The slots and the ingress and egress in the parking lot is for the “use of the employer “.
It is a perk that is given be large employers, and may be given to Disney, if they don’t have their own parking property.
In a workers compensation case, Disney will send you to doctors of their choice. Doctors who are treating and accepting workers compensation payments have a reputation for being conservative and may minimize your injuries. These doctors may want future business from Disney.
In Florida, if you were injured at a Disney hotel, theme park, or other property, you generally cannot get money for pain and suffering in your claim against Disney if you were working at the time of the incident.
You may have also have a separate personal injury claim against Disney in their capacity as the property owner per U.S. Holdings, Inc. v. Belance, 922 So. 2d 240 (Fla. 3rd DCA 2006); Elizabeth Arden, Inc. v. Saldana, 992 So. 2d 419 (Fla. 3rd DCA 2008). See also: Picon v. Gallagher Bassett Servs., 548 Fed. Appx. 561 (11th Cir. November 19, 2013).
If an employee trips on Disney property, then the premise doctrine applies. If someone else owned the property then the special hazards doctrine applies. Either way you can get workers compensation but immunity may not apply and you may be able to pursue both workers compensation and personal injury claims.
Example – Employee of Disney Injured on Disney Property
Sara is working at Disney and she clocks out for the day. She trips and falls in a Disney theme park or hotel. Even though she is clocked out, Sara may have both a personal injury and a workers compensation claim against Disney under the premise doctrine.
Did Disney’s carelessness cause your injury in an accident in Florida, or on a cruise or boat?
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Editor’s Note: This post was originally published in August 2013 and has been completely revamped and updated.