jcb
always emerging from hibernation
- Joined
- Apr 28, 2007
Since it was mentioned on the podcast, I'll say that this is a bizarre lawsuit.
Whatever appears in the press, the complaint alleges the guest was walking along the dock where the boat to the MK launches when she was "struck in the head by a bird." There is no mention in the complaint of any "brain injury" which makes the attorney's statement very odd.
The allegation is that WDW "was aware that there were seasonal nesting birds which could cause harm to invitees on the premises." Now, this isn't my area of expertise but I seem to recall that to hold a landowner liable for wild animal attacks on their property (including birds) there has to be some evidence that the land-owner knew (actually or constructively) there were dangerous wild animals on the property which had a history of attacking patrons. In dog bite cases, for example, this was referred to as the one free bite rule (which wasn't ever a "rule" and, in any event, Florida did away with this by statute). In any event there is a difference between a domesticated dog and a "seasonal nesting bird."
Anyway, I'll upload the complaint and you can make up your own mind.
Whatever appears in the press, the complaint alleges the guest was walking along the dock where the boat to the MK launches when she was "struck in the head by a bird." There is no mention in the complaint of any "brain injury" which makes the attorney's statement very odd.
The allegation is that WDW "was aware that there were seasonal nesting birds which could cause harm to invitees on the premises." Now, this isn't my area of expertise but I seem to recall that to hold a landowner liable for wild animal attacks on their property (including birds) there has to be some evidence that the land-owner knew (actually or constructively) there were dangerous wild animals on the property which had a history of attacking patrons. In dog bite cases, for example, this was referred to as the one free bite rule (which wasn't ever a "rule" and, in any event, Florida did away with this by statute). In any event there is a difference between a domesticated dog and a "seasonal nesting bird."
Anyway, I'll upload the complaint and you can make up your own mind.