A woman is suing Walt Disney World following claims she was permanently injured in a “stampede” that ensued before an event at its Magic Kingdom park.
The alleged incident that injured the Pennsylvania native took place on June 25, a day that saw the park “packed and extremely busy,” her attorneys claim in a premises liability lawsuit filed on Aug. 12. The park, filled with storybook characters and sprawling streets inspired by the idyllic, early-20th century hometown of the company’s namesake, sees millions of visitors a year and approximately 52,000 people a day.
The woman claims she was walking down Main Street, U.S.A., a two-block, brick-lined pathway flanked on either side by shops and restaurants leading to the iconic Cinderella’s castle, when the incident occurred. The woman was “rushed” by a crowd and knocked to the ground where she was then stampeded over. Her attorneys claim in the filing that the theme park corporation was negligent in failing to warn her of the possible danger and failed to control the crowd that had amassed in that area.
The woman suffered permanent injury to her body as a whole, according to the filing.
Some ways in which the park controls the crowds of whining tots and distressed parents include opening up additional space in restaurants, adding characters and adjusting wait times in ride queues, according to the New York Post.
Park employees can also track how congested a certain area is by looking at data collected from sensors within the “magic” wristbands which were initially adopted by the theme park in 2013 to act as “wearable” room keys, park tickets and a payment method for snacks and souvenirs. While the company admits to being able to detect the location of magic band wearers in its park, it refutes claims that the bands are GPS trackers or that they can track continuous location signals. The lowest cost of a magic band at the park is approximately $34.99 and not all park attendees choose to purchase and or wear the wristbands.
In its park rules section online, the park says that obstructing sidewalks, entrances and exits are strictly prohibited. Additionally, Disney provides its predictions on crowds in its online crowd calendar to display how busy it anticipates some of its most popular parks to be on any given day throughout the year.
The data has been compiled not on current ticket sales but on past attendance data and is organized monthly. The webpage wipes the previous month’s data and, therefore, information on how busy the company anticipated the park to be on June 25 was not available as of Tuesday.
Leesfield & Partners
In its 48 years of operating out of places like Central Florida Orlando, Key West and Miami, Leesfield & Partners attorneys have become experts in premises liability cases. This practice area of personal injury law refers to the responsibility of a property owner, corporation and or management company to keep the property in a condition that is reasonably safe for visitors, staff and patrons. This area of law exists to ensure that these entities keep the property in a condition that will prevent licensees from dangers that the company should be aware of and to hold them accountable when they fail to address the danger, leaving visitors and invitees vulnerable to these dangerous situations.
An example of this would be if a hotel lobby rug is pulled up at the corner and staff and management are aware of the issue as multiple people have complained and or tripped, or they have seen it for themselves. When an elderly person walking through the lobby suddenly loses their footing due to the hazardous rug and careens across the lobby floor, breaking a hip, the hotel would be the one responsible for any damages because they knew or should have known that the rug would become an issue.
A premises liability case handled previously by the firm involves a man who was visiting a friend’s Miami Beach condo when he fell from the balcony, incurring serious and permanent injuries from his fall. Before the incident, the man had been on the balcony when the railing broke, causing him to fall two stories down and sustain a spinal cord injury that left him paralyzed from the shins down.
The property manager in that instance had known about the issue. Numerous condo tenants had reported loose railings and shoddy patch jobs were suggested by the owner that violated building codes and left tenants and their guests vulnerable to falls such as this. No licensed engineers or technicians were called out to the property to inspect the railings and no permits were secured for the work. The condominium had only $1 million in liability insurance. Despite this limitation, attorneys with the firm were able to secure a $7 million settlement.
More recently, Justin B. Shapiro, a Partner and Trial Lawyer with the firm, secured a $525,000 settlement for a woman who fell at a Florida townhome community, shattering her ankle in three places. Doctors categorized the injury type as one of medicine’s most ‘severe and gruesome.’ The woman, a mother, avid walker and special education high school teacher, was severely impacted by this injury and it has impacted every aspect of her life since.
Another case resolved this year involves a rental unit in Key West whose owners used a boat oar as a railing for its non-code-compliant staircase. Evan Robinson, a Leesfield & Partners Trial Lawyer, secured a $350,000 award for the client who was severely injured following their fall on the property.
If you think you or a loved one has a personal injury claim, don’t wait. Call a Leesfield & Partners attorney today for a free consultation at 800-836-6400.