The family of a woman has filed a wrongful death suit against Disney and its employees at the Magic Kingdom. The suit arises from an incident that took place at the Disney's theme park in March of 2012. A woman holding a three year-old child fell attempting to get on a ride at the park. The fall caused the woman to break her leg. She later died due to a blood clot in her leg. The complaint alleges that the woman would not have broken her leg if Disney employees would have helped her onto the ride. The suit seeks the reimbursement of medical expenses relating to the broken leg as well as funeral expenses. The suit also demands compensation for loss of wages and mental anguish of the family.
This suit is a premise liability case. The plaintiffs are claiming that Disney negligently warned passengers of the risk posed while boarding and unloading of the rides. In most jurisdictions, the owner of the premises has to warn patrons of the danger or rectify the danger. Here, the plaintiffs are arguing Disney did neither, and in the complaint, the plaintiffs assert that having an employee help the woman on the ride would have fixed the dangerous condition. Because these types of cases are very fact based it is unknown at this time the chances of the plaintiffs success. However if the plaintiffs can demonstrate a breach of duty Disney owed patrons, the plaintiffs will likely receive a sizable judgment. This judgment, however large, will pale in comparison to the loss of a loved one. Yet, this is the best that our civil system can provide to those who have been wronged.
Premises liability and safety of patrons of a business or public place plays an important role in our society. It is paramount to determine who bears the responsibility of an unsafe condition of a public place. The attorneys at Meyerkord & Kurth, LLC have experience with premises liability cases and can help you recover for injuries that you or a family member sustain while on a business owner's property that is open to the public. Please call (314) 436-9958 or (800) 391-4318 for a no-obligation consultation regarding your potential case.
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