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Follow up to Fire on Disney Truck
One of the tourists, a cheerleading coach from Enfield CT, who was on the Kilimanjaro ride that caught fire wrote to the Orlando Sentinel about her experience on the firey ride. The fire started before the truck got actually arrived into the animal area. There was light smoke at first and then the major fire erupted behind the driver and just in front of the first row of seats. As reported by the coach: "I saw smoke out of the right side of the truck, then a huge flame went up between the driver and the first row of seats. That is where the woman got her face and hair singed."Apparently the whole incident lasted about 15 minutes and there were several park employees assisting the tourists off the truck. However, it was about a 4-foot drop which resulted in the minor knee and ankle injuries to the tourists. Labels: Theme park injuries
Tourist Hurt On Animal Kingdom Ride
It was reported that a truck fire at Disney's Animal Kingdom theme park Sunday forced evacuation of visitors on the Kilimanjaro Safari ride. The ride simulates a trip through the tundra of Africa with wild animals roaming free, as if in their native habitat. A hose on the truck broke which caused the engine to overheat and catch fire. Everyone on the truck was evacuated. Four people were treated at the scene for minor injuries and one of them, an unidentified woman, was transported to Celebration Hospital with a knee injury. The ride was closed the remainder of the day but re-opened this morning. Back in July 2006 another visitor injured his left ankle when he exited the truck on the same Safari ride. Labels: Theme park injuries
4 Hurt at Theme Parks In Last Quarter of '07
State regulators have released their quarterly report which shows 4 serious injuries at Orlando-area theme parks in the last 3 months of 2007. In addition to a heart attack death at Animal Kingdom's Everest ride: A 34-year-old woman broke a vertebra in her lower back on Universal Studios' Revenge of the Mummy ride on Nov. 18; an 81-year-old woman complained of back pain after falling while boarding The Seas With Nemo and Friends ride at Epcot on Oct. 11; and a 77-year-old man complained of memory loss and irregular heartbeat after falling ill on the Tower of Terror at Disney-MGM Studios (now Disney's Hollywood Studios) on Oct. 19.
These theme parks are exempt from the state's ride-inspection regulations are only required to report injuries serious enough to result in overnight hospitalization or death. The injury on the " Mummy" ride was the sixth since it opened in 2004. The injuries were the 4th on the Everest ride since 2006, the 3rd since 2002 for Tower of Terror, and the first for the Nemo ride since it opened in 2007. Our firm has a great deal of experience representing tourists for injuries suffered at theme parks, including on the very rides included in this report. We will work with local, national, or international tourists who suffer injuries at theme parks to ensure their rights are protected. See our theme park safety page for more information. Labels: Theme park injuries
Another Death at Disney- This Time a Tourist
On the heels of the death of a Disney employee, comes news that a tourist died due to injuries sustained at the Magic Kingdom. The 72 year old tourist slipped and fell outside a restaurant at the theme park. Although what caused the man to slip is unclear, incidents such as these are inexcusable and preventable. Given the current prices of tickets to theme parks, visitors should expect and demand a safe and fun environment. However, should an unfortunate incident occur the victim should seek experienced legal counsel. At Wooten Honeywell, we have decades of experience in theme park injuries, including many successful settlements and jury verdicts against Disney and other theme parks. Labels: Theme park injuries
Disney Worker Dies
The sixty-three year old Disney employee who last week fell off a platform at Disney's Animal Kingdom died on Thursday. She was working at the Primeval Whirl ride when she was hit by a moving car in the restricted area. The crash made her fall and hit her head. No Disney employee has died since a man playing Pluto was run over during a parade in 2004. Labels: Theme park injuries
Theme Park Ride Safety Legislation Proposed
There is new legislation proposed in Congress to create a National System to regulate and monitor injuries that occur in theme parks. Presently, due to a 1981 loophole, the big theme parks are exempt from any regulation by the Consumer Produce Safety Commission. As a result there is no national system to examine ride injuries or patterns of injuries so that we can protect ourselves and our children from dangerous rides. Florida, to its shame, gives the big theme parks a virtual carte blanche to do whatever they like with exemption from most ride inspections and reporting requirements. Without a Federal system of reporting and oversight we are left to the mercy of the theme parks to report theme park injuries. The parks keep this information secret and even when lawsuits are filed they require gag orders on the parties to resolve the cases. This is wrong. We need your help. Please contact your local Representative and those on the House Committee on Energy and Commerce which is reviewing the proposed legislation. If you are concerned about protecting our children from serious injuries on rides including theme park injury then check this link for the names of House Members to contact to help support this legislation. Labels: Theme park injuries
Settlement Reached for Injury on Back to the Future Ride
The Orlando Sentinel reported today that Universal Studios has reached a settlement agreement with a Louisiana woman who claimed to have suffered a stroke after riding the Back to the Future Ride in January 2001. Details of the settlement were not disclosed as part of the settlement agreement. The suit was an important one because of a ruling by Fifth District Court of Appeals regarding the disclosure from Universal. The plaintiff had requested historical data on other guests who had been victims of a stroke or heart attack after riding Back to the Future. The Court of Appeals agreed with a lower court's ruling that Universal was not required to provide the requested information. This ruling limits the amount of information an injured party may obtain from any theme park in the event they are the victim of a theme park injury. Labels: Theme park injuries
Releases not effective against liability for injuries to children
In a new case called Fields v. Kirton, 32 FLW D1865, the Florida 4th District Court of Appeals held that a preinjury release of liability signed by a parent for a minor may not be legally enforceable. This means that those papers that parents must sign before their child is allowed to engage in a sport or activity cannot be used to prevent the child from suing when they are hurt by the negligence of others. An example of the effect of the ruling is that it helps protect the rights of children when amusement parks and other events try to escape liability in advance for theme park injuries. It also helps protect tourists to Florida who are asked to sign away the rights of their children in favor of negligent parties that cause tourist injuries in activities directed toward children. It can even apply to injuries to children sustained in auto accidents that occur on the way to sporting events, church or other activities. This only makes sense. Why should a negligent bus driver be immune from injuries to children caused by negligence in driving the bus, especially when the bus can just purchase insurance to protect the kids in the event of injury in a car accident? In most cases the bus already has purchased insurance and so the only one being protected from liability is the insurance company who then, in effect, is getting paid a premium but providing no coverage. It is better to be a safe driver and get insurance for when mistakes happen. Labels: Auto Accident, Theme park injuries
Theme Park Injuries Hidden From View
People are hurt every day in amusement parks across the country. Many consumers want to know about the safety of a ride before they allow their children on the ride. The Federal Consumer Product Safety Commission (CPSC) has a report analyzing amusement ride-related injuries and deaths. One would expect that this would be a good source of information to learn about amusement park ride safety. Amazingly, this is not the case. The preface to the report states: This report presents information from the U.S. Consumer Product Safety Commission(CPSC) staff on amusement ride injury and fatality incidents. CPSC has jurisdiction over mobile rides, rides that are moved from location to location as part of fairs, carnivals, parties, or other events. It does not have jurisdiction over fixed-site rides, rides that are permanently affixed to a site. That is correct, believe it or not the major theme parks including Universal Studios, Walt Disney World, Sea World and Busch Gardens, are exempt from any oversight from the United States CPSC. The report analyzes injuries on amusement park rides so that consumers can fully understand the risks presented by a ride before they get on the ride. Makes sense. If we are going to trust our children on a ride we should be able to get information about prior accidents and injuries sustained on the ride. Walt Disney World, Universal Studios, Sea World, Busch Gardens all are exempt from oversight by the CPSC . For example if a child sustains a brain injury or other roller coaster injury at Disney, the CPSC cannot investigate the accident. There is no way to learn the cause to get the facts to determine if is safe for your child. Sadly, this information is kept secret in the security of the theme park lawyers and corporate executives. Labels: Theme park injuries
Only Board Certified Lawyers Are Specialists
According to the Rules Regulating the Florida Bar it is unethical and illegal for a Florida Lawyer to say they are "specialized" in a certain area of the law unless they are a Board Certified Lawyer. Board Certification is a difficult process. Lawyers that apply for Board Certification must prove they are experienced, that they are ethical, and that they are respected by Judges and other lawyers. To be a Board Certified Civil Trial Lawyer requires many years of experience in handling civil cases. Examples of these cases are medical malpractice, product liability, auto accidents and commercial law disputes. Board Certified Civil Trial Lawyers don't just settle cases they have actually gone to trial. In fact, one cannot be certified without extensive trial experience. Non certified lawyers may try to handle cases including car accidents or theme park injury cases without ever having gone to trial in their entire career. You may be surprised to learn that many of the lawyers whose names you see and hear on television ads rarely if ever go to trial. The theme parks and insurance company lawyers know who goes to court and who does not. By looking for the label Board Certified Civil Trial Lawyer now you know as well. For tourists hurt in Orlando that need a civil trial lawyer, the label "Board Certified Civil Trial Lawyer" is something they need to look for before they hire an Orlando lawyer. All of the partners in our law firm are Board Certified Civil Trial Lawyers. Even if you do not hire one you should ask for a free consultation with a Board Certified Lawyer. That is what I would do if I were hurt on holiday and looking for a lawyer in another state or country. Labels: Theme park injuries
Theme Park Lobby Fights Ride Regulations
Disney, Universal Studios, Seaworld and Busch Gardens continue to spend millions to lobbyists to prevent any governmental oversight or information regarding who gets hurt and how at the parks. According to the Orlando Sentinel, Meanwhile, Disney and other theme-park owners, such as SeaWorld owner Anheuser-Busch, continue to fight efforts to give the federal government the power to regulate amusement park rides, according to the lobbyist-disclosure forms. The article discusses how the theme parks use lobbyists to get what they want which includes secrecy about how dangerous certain rides are and about crime in the theme parks. Theme park injuries have and will continue to occur, why should they be kept secret. The airlines can't keep the facts and causes of airline injuries secret. Federal regulation of the airlines is why our airways are so safe. Theme parks should have some oversight to evaluate the type, number and severity of them park injuries. The parks have kept ride injuries secret and even in successful lawsuits they require signed confidentiality clauses before they pay. If the parks are safe why not disclose who gets hurt and on what ride and why? You can do some investigation on your own to get the history of injuries from theme park rides. The problem is that most of the data on the ride injuries is not known because the theme parks and their lawyers keep it secret. While we have obtained shocking data on ride injuries for rides that are still open, many judges rule that the information can't be divulged outside of the litigation. Thus, you need to get a experienced lawyer who knows how to dig for information to track down the injury history of a ride. Something is obviously wrong here if you have to hire a lawyer to get information on the injury history of a ride. If you can do that on an airline, why not on a theme park ride you are trusting to be safe for your kids. Labels: Theme park injuries
Protect Your Family From Theme Park Injuries
The Florida Bureau of Fair Ride Inspection, Florida Department of Agriculture and Consumer Services maintains a database on injuries that occur on rides in the State of Florida. The major theme parks Disney, Universal and Busch Entertainment (Sea World and Busch Gardens) are supposed to report injuries and deaths on rides to the Bureau. Sadly, the State of Florida permits these large parks to self report and decide for themselves what injuries to report. But as a starting point the data maintained by the State can be used to evaluate the safety of rides and the number of serious theme park injuries and deaths.. Please contact our firm or the Bureau for information regarding the reports of death and injury by specific ride name. There have been deaths and injuries reported on rides in all of the major theme parks. Labels: Theme park injuries
Florida Personal Injury Lawyers
Orlando Wrongful Death Attorneys
(800) 235-7060
Wooten, Honeywell, Kimbrough, Gibson,
Doherty & Normand
Professional Association
236 S. Lucerne Circle at Delaney
Orlando, FL 32801 |