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Who's responsible...??

My husband ran in the Tower of Terror 10 Miler. At the end of the race, just as we were leaving the park, he passed out. Reedy Creek EMTs took him in an ambulance to Celebration Hospital and he was treated in the ER for dehydration. Disney paid for a cab to bring us back from the hospital to BWV. There was no ambulance bill. We paid the hospital bill. The Celebration Hospital was very nice and the ER was excellent. At no point did we expect Disney to pay his hospital bill. We were pleasantly surprised that they paid for the cab back and for the ambulance.
 
There is no claim here. What for, falling off a chair? Unless the chair physically collapsed/ broke when it shouldn’t have done and was defective.
DVC liability policy doesn’t extend to paying non fault medical expenses for guests. If it did, the price of the premium would be astronomical.
Agree the emergency costs may go away as they are controlled by Disney. Whether Disney would ex gratia the medical expenses, I doubt it but you may get lucky.
You could try suing Disney, if you could get an attorney to take the case, but I very much doubt you’d win in court.
 
There is no claim here. What for, falling off a chair? Unless the chair physically collapsed/ broke when it shouldn’t have done and was defective.
DVC liability policy doesn’t extend to paying non fault medical expenses for guests. If it did, the price of the premium would be astronomical.
Agree the emergency costs may go away as they are controlled by Disney. Whether Disney would ex gratia the medical expenses, I doubt it but you may get lucky.
You could try suing Disney, if you could get an attorney to take the case, but I very much doubt you’d win in court.

Have you seen Disney’s policy? I work in Commercial Insurance and most policies have Medical Payments coverage, typically a $5,000 limit. It can be paid regardless of liability. It’s a way to pay small claims without going through a lengthy lawsuit. Claims over that amount would go to Liability coverage, where fault has to be proved.

Of course, I haven’t seen their policy so I don’t know if it contains this coverage.
 
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Guess this is the reason dvc fees are high and go up. To even consider suing or that Disney is somehow responsible is ridiculous. I understand the poster is just trying to feel out people’s opinions, but even that seems to be far reaching.
 


I guess I can climb on the railings to take better pictures of the castle next time I'm in the Magic Kingdom, and when I fall off and sprain my ankle, I can hope for a setttlement from Disney since they did nothing to prevent me from doing so. Ridiculous.
 


There is no claim here. What for, falling off a chair? Unless the chair physically collapsed/ broke when it shouldn’t have done and was defective.
DVC liability policy doesn’t extend to paying non fault medical expenses for guests. If it did, the price of the premium would be astronomical.
Agree the emergency costs may go away as they are controlled by Disney. Whether Disney would ex gratia the medical expenses, I doubt it but you may get lucky.
You could try suing Disney, if you could get an attorney to take the case, but I very much doubt you’d win in court.

I wholeheartedly agree with you, but in a country where a customer can win a multimillion dollar lawsuit for spilling coffee that's deemed too hot, I am sure there will be some lawyers willing to play the lottery. If it comes to that, Disney might just settle rather than go to court if the amount is not ridiculous.

LAX
 
I think we are overlooking the fault of the chair maker. They should plan to have people stand on them early in the morning, and should install safety guards for just the purpose.
In defense of the OP, he was just asking to see if Disney was at all at fault. Similar to anyone else at a merchant asking if there is a DVC member discount, it doesn't hurt to ask as long as you are not expecting anything out of it.
 
I wholeheartedly agree with you, but in a country where a customer can win a multimillion dollar lawsuit for spilling coffee that's deemed too hot, I am sure there will be some lawyers willing to play the lottery. If it comes to that, Disney might just settle rather than go to court if the amount is not ridiculous.

LAX
In the case of McDonald's, the lady who was burned suffered third degree burns and required skin grafts. She was hospitalized for nine days during the skin grafts and two years of treatment followed that. Not just hot coffee.
 
In the case of McDonald's, the lady who was burned suffered third degree burns and required skin grafts. She was hospitalized for nine days during the skin grafts and two years of treatment followed that. Not just hot coffee.
Yes. People like to bring that case up as a frivolous lawsuit, but there was much more to the story. She wasn't the first person it happened to. There were 700 reports of people being burned by McDonald's coffee before her case. She offered to settle for $20,000.
 
2&1/2 weeks ago,my wife and I were staying at SSR in a 1 BR room for a few days. On the 2nd day of the trip I was scheduled to play golf early on the Sunrise 9 offer. I got up early, quietly got dressed, letting my wife sleep in. I went to the kitchen and put down 2 pieces of French bread in the toaster. The toaster over toasted the bread and scorched the bread. Being frugal, I started to scrape off the burnt areas on the toast. The fire alarm went off apparently from the toaster/burnt toast (though I saw no smoke from the toaster). You could faintly smell the burnt toast. So, the fire alarm was high on the wall near, I think, the dining table, near the kitchen. In my infinite wisdom, not wanting to awaken my wife, I stood on the couch/dining seating bench to reach and turn it off, being vertically challenged. I remember the seating cushion give under my 200# plus weight. I apparently lost my balance and fell backwards off the seating, striking and lacerating the back of my head on the granite counter. I don't know what transpired from the time I lost my balance until the time I regained my lucidity in the back of a Rescue unit on a gurney on my way to the ER. My wife filled me in on my bizarre behavior during this period of amnesia. Long story short, at the ER I had a CT scan of my head and neck & 9 staples put in the resulting laceration. I had the staples removed by my primary care provider in Jacksonville last week and things seem to be healing well. I suffered no subsequent sequelae to date, ie headaches, etc. After the fall, and before we caught a taxi back to the resort, housekeeping cleaned up the bloody mess in the room. Subsequently, I received a couple of followup calls to see how I was doing; and a room visit by one of their staff I suspect had something to do with risk management, asking followup question of what happened. At the end of her questioning, I had but one question; who was responsible for the bills that I'm sure are coming (Rescue, ER, CT scan, radiology charges, etc). She didn't know, but gave me a card to contact Guest Claims. That's all I want to know. No legal action anticipated at this time. I'll contact the people at Guest Claims tomorrow.
My question to this forum is who do you think should be responsible? Has anyone had similar accidents on Disney property? How did they handle it? I understand, in retrospect, it was not a wise decision. But in my mind I'm responsible for anyone injured on my property in most cases. That's why I carry homeowner's insurance.
One thing I learned was 68 year old Geezers should not climb on the furniture, same as toddlers shouldn't.

Just finished reading all the comments and came back to reread your original post.

Did Celebration Hospital get a copy of your insurance card or ask for any copay? If they did, I'm guessing your insurance will take it from there. I'm curious how this will play out, so please let us know how your case gets handled. My experience with accidents is that the insurance company will decide whether they are going to pay the bill or whether they might try to push it over to the property owner. I know when I was in a minor auto accident near Disney, Celebration Hospital took my auto insurance policy and charged off to it, until the insurance of the person who rear ended me eventually paid up. (No lawyers were involved by me.)

I'm also sorry that you accidentally hurt yourself while on vacation, and didn't get to that round of golf! Good to know that so far there are no serious symptoms.

At no point do I see you as looking for compensation, but just to get the bills paid through someone's insurance, whether it's yours or theirs. After all it was an accident not an on purpose, even though as you say us old geezers shouldn't be climbing on furniture!
 
Yes, I saw a video about the McDonalds law suit and the woman had some very serious burns in her inner thighs. Very painful I got burned myself from that coffee, but I was young and healed quickly. She was an older woman.
 
If I were on the jury hearing this case, I would make sure that Disney did not pay you a dime for making the incredibly stupid decision to stand on a chair to disable a hotel fire alarm. #thisiswhywecanthavenicethings
 
2&1/2 weeks ago,my wife and I were staying at SSR in a 1 BR room for a few days. On the 2nd day of the trip I was scheduled to play golf early on the Sunrise 9 offer. I got up early, quietly got dressed, letting my wife sleep in. I went to the kitchen and put down 2 pieces of French bread in the toaster. The toaster over toasted the bread and scorched the bread. Being frugal, I started to scrape off the burnt areas on the toast. The fire alarm went off apparently from the toaster/burnt toast (though I saw no smoke from the toaster). You could faintly smell the burnt toast. So, the fire alarm was high on the wall near, I think, the dining table, near the kitchen. In my infinite wisdom, not wanting to awaken my wife, I stood on the couch/dining seating bench to reach and turn it off, being vertically challenged. I remember the seating cushion give under my 200# plus weight. I apparently lost my balance and fell backwards off the seating, striking and lacerating the back of my head on the granite counter. I don't know what transpired from the time I lost my balance until the time I regained my lucidity in the back of a Rescue unit on a gurney on my way to the ER. My wife filled me in on my bizarre behavior during this period of amnesia. Long story short, at the ER I had a CT scan of my head and neck & 9 staples put in the resulting laceration. I had the staples removed by my primary care provider in Jacksonville last week and things seem to be healing well. I suffered no subsequent sequelae to date, ie headaches, etc. After the fall, and before we caught a taxi back to the resort, housekeeping cleaned up the bloody mess in the room. Subsequently, I received a couple of followup calls to see how I was doing; and a room visit by one of their staff I suspect had something to do with risk management, asking followup question of what happened. At the end of her questioning, I had but one question; who was responsible for the bills that I'm sure are coming (Rescue, ER, CT scan, radiology charges, etc). She didn't know, but gave me a card to contact Guest Claims. That's all I want to know. No legal action anticipated at this time. I'll contact the people at Guest Claims tomorrow.
My question to this forum is who do you think should be responsible? Has anyone had similar accidents on Disney property? How did they handle it? I understand, in retrospect, it was not a wise decision. But in my mind I'm responsible for anyone injured on my property in most cases. That's why I carry homeowner's insurance.
One thing I learned was 68 year old Geezers should not climb on the furniture, same as toddlers shouldn't.

I dont have anything to add except I hope you are feeling better and there are no lasting effects. So sorry this happened, must have been terrifying for your wife, hope shes doing ok as well. Stay safe.
 
Yes. People like to bring that case up as a frivolous lawsuit, but there was much more to the story. She wasn't the first person it happened to. There were 700 reports of people being burned by McDonald's coffee before her case. She offered to settle for $20,000.

I think you are missing my point. The key should have been who was responsible for spilling the coffee in that case, IMHO. The extent of injury shouldn't have been relevant because if there was no spilled coffee, there would have been no injury. Why did it even matter how hot the coffee was? In OP's case, if he didn't stand on the furniture and lose his balance, then he wouldn't have fallen and injured himself. Perhaps I am missing some crucial points here, too, but how should Disney/DVD be responsible for an injury resulting from someone's (ill-advised, may I add?) decision to climb on its furniture?

LAX
 
I think you are missing my point. The key should have been who was responsible for spilling the coffee in that case, IMHO. The extent of injury shouldn't have been relevant because if there was no spilled coffee, there would have been no injury. Why did it even matter how hot the coffee was? In OP's case, if he didn't stand on the furniture and lose his balance, then he wouldn't have fallen and injured himself. Perhaps I am missing some crucial points here, too, but how should Disney/DVD be responsible for an injury resulting from someone's (ill-advised, may I add?) decision to climb on its furniture?

LAX
Not really. The question in the coffee case is it foreseeable that someone would spill coffee on themselves? The answer is yes, it is foreseeable that people will spill coffee.
Now is it foreseeable that a 68 yr old man would climb up on furniture to queit a smoke alarm? Probably not.
 
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Thx for all the replies. I agree I wouldn't have paid this bonehead (me) a penny. It was his fault. He (I) was just seeking opinions, and to see if this had ever happened to others. I never considered legal action, just wanted to poke the "haters" in the side. In their defense, I would've been in their corner. But who knows, I've heard and read about even more ridiculous and frivolous successful lawsuits. But in my mind I was hoping to hear that someone with a similar experience was awarded a multi-million dollar settlement, residence at Golden Oak, no more annual dues, lifetime free membership to that new D-23 (I think it's called) club, etc. Dreamers have to dream; after all, it happened in Fantasyland, and there are alot of pettifoggers out there willing to take the case.
Good to know that Rescue might pick up the transport costs. We didn't go to Celebration ER, though I think we 1st went there, only to be diverted to Orlando Health ER because of computer issues at Celebration. I did overhear the EMT state it would've been nice if Celebration ER had notified them of their status ahead of time. Like a previous poster stated, Disney did pay for the taxi back to the resort.
 
Addendum: Disney did cancel my Sunrise 9 tee time (obviously within their 24' cancellation policy) without penalty, and I got out of the horseback trail ride at Camp Wilderness the next day. My wife wanted to do it, so I signed up for it. What I'd/I'll do to get out of horseback riding! She did go on it, however, so she was happy.
 
Not knocking the OP at all.

Slightly knocking the poster complaining about internet lawyers. IANAL.

1. Who’s at fault: OP

2. Can WDW/DVC be made to be legally liable? Maybe, IANAL.

3. Would WDW consider helping with some of the costs, if asked? Maybe, I think this is where OP was coming from, and it might be a reasonable ask.

4. You don’t need to be a lawyer, internet or not, to understand that the OP made a boneheaded decision and got hurt. I think that’s consistent with his own admissions. Could WDW be made to be liable and should they are two different questions. The first is a legal question and the second is a common sense question.

Most of the posters here were answering the common sense question.
 

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