Disney World may be one of the happiest places on Earth. Disney generally takes good care of their property and rides, but sometimes people get hurt while in Disney World or at one of Disney’s resorts. Over the years, we’ve handled many claims of personal injury by tourists injured in Disney World.
Personal injury claims are actually fairly common against Disney. Disney even has its own claims department to help settle claims when Disney caused or contributed to the injury. So, what can you do when you get hurt on Disney property and Disney may be responsible?
Reporting the Claim
You should report the injury to a cast member as soon as possible. Though not required to make a claim, an incident report helps Disney confirm that you were injured on their property. Since the report is generally made at or near the time of the incident, Disney may find this reliable.
Get Medical Attention
Many Disney parks have a medical center either run by Disney, or affiliated with them, with staff that can tend to many Disney park injuries. The medical staff can also summon an ambulance in the event of a more serious injury. Documenting your injuries are very important to getting compensation from Disney.
When a claim is set up with one of Disney’s claims representatives, they may try to get you to give a formal recorded statement. During these statements, they may ask you about the incident and your injuries. Keep in mind that Disney may try to use your statements against you in the event the case does not settle. They are also looking for ways to hold you responsible in whole or in part for the incident or aggravated injuries. It is best to wait until an attorney prepares you for the statement so you know what to expect ahead of time.
Don’t Negotiate Unless You Know How
One of the biggest mistakes we see is unrepresented people trying to negotiate with an adjuster, only to be disappointed and then they call an attorney. The adjuster negotiates for a living. You likely don’t. The adjuster knows what questions to ask to minimize your settlement amount, or how to talk to you to get you to agree on an amount far lower than your case may be worth.
We’ve handled many claims where we recovered a lot more money than the client was ever offered. In one case, a lady was on a ride that malfunctioned. One of the boats allegedly went off track and on top of part of the boat in front. The impact caused the park guest to strike her knee on the bench in front of her. She ultimately required knee surgery. Disney offered $5,000 to her before she got an attorney. We were able to resolve her claim for many multiples of their initial offer, and paid off all of her medical treatment, attorney’s fees, and got her money in her pocket for her pain and suffering.
Types Of Incidents At Disney Which May Allow You To Make A Claim
We’ve handled many different types of injury cases against Disney. Some of the most common we see are:
Slip and Fall at a Resort – The resorts are huge and have many places where a guest could slip and fall. We’ve helped many guests injured at their resort from a slip and fall.
Slip and Fall at Disney World – While the parks are generally clean, the sheer number of guests make the possibility of substances on the floor to increase. If these substances are on the ground for a long enough time that Disney should have cleaned them, Disney could be responsible if someone gets hurt.
Ride Malfunctions – We’ve represented park guests injured as a result of various ride malfunctions. Rides may suddenly go in reverse. Boats can go off track and strike the boat in front.
Swimming Pool Injuries – Disney often has lifeguards around their pools to protect the guests. If a child drowns, or slips while walking around the pool area, Disney could be responsible if they were negligent.
Cast Member Negligence – Cast members who strike park guests with carts or are not careful and cause injury to the guest could make Disney responsible for all damages caused by the cast member.
Slip and Fall on a Ride – If Disney fails to clean the ride area after a rainstorm, or fails to warn the guests of wet areas it knows or should know about, it could be responsible for the park guest’s injuries.
General Negligence – Anytime a park guest is injured on property where Disney knew about the danger or should have known about it and failed to fix it, it could be held responsible for all of the guest’s damages.
These are some general tips about Disney claim. Please feel free to contact a Disney attorney at the Law Offices of Jason Turchin with any questions at 800-337-7755 for a free consultation.