(877) 244-6420 - Call for a free consultation with a Florida Accident Attorney

Posts Tagged "Disney"

Fall Didn’t Kill Woman, But Disney Could Be Liable For Wrongful Death Anyway

Posted by on Dec 10, 2013 in Recent News, Theme Park Accidents, Types of Accidents, Wrongful Death Claims

Fall Didn’t Kill Woman, But Disney Could Be Liable For Wrongful Death Anyway

The surviving family of a woman who was injured on the Jungle Cruise ride at Walt Disney World has filed a wrongful death suit against the Central Florida theme park operator, even though the woman was nowhere near death when she left the park on the date of her accident. To a typical layperson, this scenario might not seem right.  But, as a Florida theme park injury lawyer, I think the law on this issue is completely fair and reasonable. According to WFTV.com, the decedent was a mother who broke her leg trying to safely hold her daughter while she entered the Jungle Cruise ride.  Her family believes that someone at Disney should have helped her board, and that their failure to do so represented negligence that was the legal cause of the woman’s original leg injury. The original leg injury was significant, and required the injured woman to be taken from Disney by ambulance to a local hospital.  Her leg required surgery, and less than 24 hours after returning home after her surgery, the young mother suffered a pulmonary embolism (a blood clot) that killed her. Under Florida law if the clot is related to the woman’s surgery, and the surgery was required as a result of Disney’s original negligence, then Disney can be held liable for the wrongful death of the mother — and therefore might have to pay damages to the woman’s surviving husband and children. Any other result would not fairly compensate victims of negligence.  Negligence only has to be one of the causes of the ultimate harm, not the only cause, in order for the careless person to be held liable. If you have any questions regarding a Florida wrongful death case, a theme park accident, or Florida’s intervening cause law, contact Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at...

Read More »

Where Was Lifeguard When 13-Year Old Was Drowning In Disney Pool

Posted by on Mar 19, 2013 in Theme Park Accidents

Where Was Lifeguard When 13-Year Old Was Drowning In Disney Pool

So this is how it begins in 2013… I was so sad to read on WESH.com that the 13-year old Missouri boy who was found at the bottom of a swimming pool at the Disney Pop Century Resort was pronounced dead.  Of course it is always tragic whenever a child is lost.  The loss of a child is probably the most devastating experience that a family can go through.  As an Orlando accident attorney who handles child drowning cases, I fear that this is only the beginning of the tragedies that we’ll see in Central Florida this year with drowning accidents. In our experience, drowning accidents are almost always preventable.  In a typical residential drowning case, invariably access to the pool is the issue.  Someone has usually left a sliding door or gate unlocked, and a small child has made his or her way into the pool area. Sometimes it is attractive pool toys left in plain sight of a toddler, and the toys are just too tempting. A resort pool drowning is a bit more unusual. Most of the large resorts, and particularly the ones run by the theme parks such as Walt Disney World or Universal Studios, feature life guards on duty throughout the day.  I know that there is a lifeguard stand in place at the Pop Century pool.  The story on WESH.com failed to mention any involvement, or even the existence of a lifeguard at the Pop Century Resort at the time of this child’s drowning, but a separate media outlet reported that the child had been swimming after lifeguards had already gone home for the day.  As we are currently in prime Spring Break vacation time here in Florida, and there are a huge number of kids wanting to use the swimming pools, I wonder if lifeguards should have been left on duty until later in the evening. Hopefully this family from Missouri has received satisfactory answers from Walt Disney World on this issue. As a father of four children myself, I cannot imagine what they are going through. If you have any questions regarding a Florida drowning accident or wrongful death, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

Read More »