Woman Sues Disney World, Claims Ride Caused Stroke, Heart Attack


#1

Has anyone seen this?

[B]Woman Sues Disney World, Claims Ride Caused Stroke, Heart Attack [/B]
Thursday, February 12, 2009

Print ShareThisORLANDO, Fla. — A British woman is suing Walt Disney World, claiming a ride caused her to suffer a disabling heart attack and stroke in 2005.

Leanne Deacon and her mother, both of Kibworth, England, filed the lawsuit Wednesday in Orlando circuit court. They are seeking at least $15,000.

Leanne Deacon was 16 when she rode the Disney World-MGM Studios’ “The Twilight Zone Tower of Terror” ride several times.

Shortly after one ride, Deacon’s heart stopped and she had a brain hemorrhage.

The Deacons accuse Disney of negligence in the ride’s design and operation. They say Disney failed to adequately warn of the risks or provide adequate safety restraints.

Disney spokeswoman Kim Prunty said the company hadn’t seen the lawsuit. Prunty said the ride was working properly when Deacon rode it.


#2

Oh no! I hope they don’t alter the ride because of this.


#3

I am a big scrady cat so I have never rode on ToT but I would bet my lunch money their are signs EVERYWHERE. I feel awfull the person suffered a heart attack or stroke yet Disney covers their butt with warning signs all over the place.


#4

If this is legit, why would they wait over 3 years to file a lawsuit?


#5

This is another stinky and frivolous law suit. It absolutely bums me out that people do that. This supposedly happened in 2005 - is there no “expiration date” for filing such suits?


#6

I hate it when people pass blame. :dry:

But… only seeking $15K? If you’re going to file a lawsuit, at least make it worth the effort.


#7

Sadly, because the Plaintiff was a “minor”, unless an adult is named their “guardian ad litem”, the statute of limitations is tolled until the minor child turns 18. At that point she has one year to file a lawsuit.

She was 16 when she rode the ride (several times) back in 2005.

Not sure how much merit she has. Assumption of the risk is the key defense, I suspect. No one knows how your heart will do. If you don’t know, how would the ride operator know? And that’s the problem. Unless WDW was negligent in maintaining or operating the ride, there’s no liability for unknown problems of a rider. Which is why the signs warn of people with back problems, heart problems, etc… :pirate:


#8

Maybe if she had stopped to read the warning signs on one of her multiple trips… or had a brain scan for the preexisting aneurysm in her brain before going on her trip she would not be trying to file this stupid suit!:angry:


#9

There are many MANY warning signs for this ride as with any other thrill ride on property.

Unfortunately she probably had no idea on her pre-existing conditions (my mother didn’t know she had an existing brain aneurysm until she almost died from it, most people wouldn’t even know they had one), and this could of happened anywhere… just happened to be on ToT and the amount of times she rode aggrevated the condition.

The amount seems very small though…Why go thru the hassle?


#10

[QUOTE=Experiment6-2-6;934111]Sadly, because the Plaintiff was a “minor”, unless an adult is named their “guardian ad litem”, the statute of limitations is tolled until the minor child turns 18. At that point she has one year to file a lawsuit.

She was 16 when she rode the ride (several times) back in 2005.

Not sure how much merit she has. Assumption of the risk is the key defense, I suspect. No one knows how your heart will do. If you don’t know, how would the ride operator know? And that’s the problem. Unless WDW was negligent in maintaining or operating the ride, there’s no liability for unknown problems of a rider. Which is why the signs warn of people with back problems, heart problems, etc… :pirate:[/QUOTE]

I am wondering that even if she “doesn’t have a leg to stand on” what is the history of Disney paying off any such claims before letting it go to trial.


#11

I just got to where I like this ride. I really hope they don’t change it.

I don’t understand people feeling the need to sue over everything. She could have had a heart attack while jogging around the neighborhood, you never know.


#12

There are warning signs in Its a Small World for heaven’s sake-- I know there are TONS on ToT. I’m sorry she had a heart attack, but common. Its not Disney’s fault


#13

I agree. Seems suspiscious she’s only suing for such a relatively small amount.


#14

There are numerous signs up and the warnings are all there before you set foot on the ride as with all rides at WDW. Disney cannot be blamed for her health issues, if she didnt know then how were they suppose to know? Should Disney set up health checks at the entrance to EVERY ride line?? I agree, $15,000 seems like a pretty small claim compared to what most ask for! Its just daft and should be thrown out, Disney are alot of things but they are not psychic or have xray eyes installed on their cast members!


#15

Oh goodness gracious.


#16

I can understand the need to wait until she is a legal adult, but the low amount of money asked for certainly reeks of “I-need-some-money-and-they’re-a-big-corporation-who-will-pay-me-just-to-make-it-go-away.” How sad for that woman that she has to go this extreme to make a buck, exploiting her daughter.


#17

:rolleyes: Sheesh.

I think she’s waited too long for this lawsuit. It happened 3-4 years ago. She knew about this “brain hemorrhage” while she was still in the park - before she left Florida. I’d like to know whether she ended up in first aid or talked to Disney officials then.

Now… I know that by 2006, they had switched to seatbelt restraints (from the bar restraint) for ToT. I was pretty sure this happened when they added the “no ride the same” concept - wasn’t that in 2005?

I’d like to know if it was a seatbelt constraint or bar constraint that supposedly caused this problem.

Also - for as long as I can remember, there has been a long list of Warnings placed in several locations throughout the ride queue on every ride. I know that on ToT there’s a door that you can exit through if you decide not to ride the ride. Why did she not read these warnings? (I mean… you’re bored in line - what else is there for you to do?)

This is probably a health-related issue that she didn’t know of before her ToT visits. In which case, it’s her own insert Jimmy Buffett’s word fault.


#18

Haha. Very nicely put.


#19

This lawsuit is ridiculous. There are signs that warn you about the ride. She rode the ride several times, right? Then she passed the sign several times when she entered the ride. She had to of seen the signs, which is right by the entrance.


#20

My understanding is that the Mouse is well lawyered.

As for settling, it would depend on the circumstances, but I believe most cases are not “settled” for nuisance value by Disney. Especially since some folks believe such settlements are akin to putting “Blood into the water”.

This sort of fear stems from the idea that by settling such suits Disney would be encouraging slip and fall suits.

For example, if a customer slips on a ketchup splat at Big Kahuna Burger. If the lawyers decide to settle “cause it’s only a small amount”, that’s where the danger for Big Kahuna Burger comes in. Suddenly the Big Kahuna Burger Chain is finding lots of their clientele are filing slip and fall suits wherever a Big Kahuna Burger is located.

Most large Corporartions face huge exposure because of the large number of potential plaintiffs that walk through their front doors. So when there is a threat of litigation, the Corporation usually goes out of their way to avoid encouraging the bottom feeding lawyers hoping for clients who think they’re gonna hit the lottery. The bean counters believe it’s cheaper in the long run to pay the lawyers to defend against any suit rather than pay out like a Vegas slot machine. :pirate: