So now Disney is getting sued over the ‘teacup beating’ incident that took place at Walt Disney World Resort. Sure, Disney has deep pockets, so I can understand why someone would file this lawsuit. However, what could Disney really have done to prevent an attack by one guest on another? Unless the plaintiffs can show that Disney knew the attacking guest was dangerous and allowed them to stay on property anyway, I just don’t see how Disney should be blamed.
I certianly hope this doesn’t get a jury that decides “Well, Disney does have deep pockets, so they should pay anyway.”
In cases like this, my opinion is that the individuals who perpetrated the harm should be held primarily responsible. In other words, even if Disney was somehow partially at fault (let’s say, 10%), then the plaintiffs should be forced to sue the individual first and foremost, and then the establishment secondarily. If the vicitim gets $100,000, the establishment would be responsible for paying only 10%, regardless of how broke the perp is.
As a shareholder and taxpayer, it bothers me when companies and municipalities are sued and pay when some invidual not even associated with the organization is the primary agent of the wrong.
I completely agree with you on this. And it’s lawsuits like this that give lawyers a bad name and make everyone hate the court system.
I agree. Both women were behaving like children and setting such a terrible example to all those around them, young and old. They should both have been required to take anger managment classes and to pay restitutions to each other. Mrs. Walker should have filed a counter suit, she was attacked first. Mrs. Krause elbowed her out of the way, to get past her. I’m not saying that either party should sue, but if Mrs. Krause wants to take it to court, then Mrs. Walker should have as well. Disney should not be involved at all. I hope they do go to court, and that Disney prevails. This whole thing is ridiculous and juvenile.
I just want to point out that your description of the facts is only from Mrs. Walker’s Point of View and not Mrs. Krause. Even if there was an incidental elbow, it’s not the same thing as an attack. When I visit WDW I hit people all day with my elbows because people walk and stand in close quarters. It does not give them the right to attack me and give me permanent brain damage and other injuries.
As for Disney’s Liability, they have a standard of care to provide. In California, that’s the same standard of safety one would expect on a public bus. Disney claims, I hope aims to provide, they meet an even higher standard than that.
Comments are closed.