Is Disney responsible for guest safety at DVC resorts . . . They don't think they are at Disney Springs . . . Come on Disney have some class

Mickey of the Villages

Can't have nice things
Joined
May 6, 2019
Does a guest voluntarily assume all risks related to exposure to COVID-19? Disney seems to think so, see their disclaimer below (link provided).

It includes "all risks" related to exposure to COVID-19? That would include intentional, willful, wanton, and reckless acts - a liability for which Disney cannot likely contract away. Regardless of that, is this o'kay? What do you think?

For my part, I think we all understand there are risks related to going to a theme park, but this just smacks of the kind of waiver one would see from a third-rate grocery store parking lot midway. Come on Disney. Have some class.

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"We have taken enhanced health and safety measures—for you, our other Guests, and Cast Members. You must follow all posted instructions while visiting Disney Springs.

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable.

By visiting Disney Springs you voluntarily assume all risks related to exposure to COVID-19."
Link: https://www.disneysprings.com/reopening/
 
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Unfortunately, I don’t see this not becoming a norm for many businesses. There are already lawsuits out there.

Personally, have no problem with it because quite frankly, there will be guests who will go and assume that if they end up getting sick, it’s Disney’s fault and will try to get them To be accountable.
 


Just want to be clear, if Disney staff "forgets" to clean a high-touch area for 2 weeks and people get sick, that's on the guest? If Disney employees come to work sick and guests get sick, that's not their fault?

What if this was Disney's policy related to everything, that is, guests at the resorts and parks assumed all risks all the time? Would you go, would you care?
 


It’s a shame that it even needs to be said. But we live in a litigious society where even hot coffee requires a warning that it can be “hot”.
Of course there are lots and lots of extreme examples of stupidity. But trial lawyers are the very reason so many things we encounter are safe and the very reason there is such a focus on safety. I'm not a trial lawyer but think it is unwise to discount the important work they do because of the sensational headlines of some bad actors. But I digress.
 
People are ridiculous. Wouldn't it be sad if they were escorted out.

I think my big concern with some of the regulations is the enforcement. The Disney staff tasked with enforcement make, what, $13/hour? Versus the kind of entitlement that says "rules aren't for me!" and "I paid $$$ to be here and it is YOUR JOB to do what I want you do to!" mixed with the traditional training for guest service at Disney, which isn't about hardline NOPE.

I worry for the overall safety of the CMs in those scenarios.
 
Why wouldn't the risk fall on the guest? You don't need to go to Disney. NO ONE can guarantee you won't come into contact with COVID (or any other illness) on their property. People will come sick. People will choose not to wear masks. An employee may not clean thoroughly enough. Disney cannot control that. So they're telling you to enter at your own risk. I don't really see the issue here.
 
Just want to be clear, if Disney staff "forgets" to clean a high-touch area for 2 weeks and people get sick, that's on the guest? If Disney employees come to work sick and guests get sick, that's not their fault?

What if this was Disney's policy related to everything, that is, guests at the resorts and parks assumed all risks all the time? Would you go, would you care?
How would you prove that you got sick from a spot that was not cleaned for 2 weeks? I think it's still on you to not touch things and if you do... wash your hands. If an employee comes to work sick, when asked not to as per policy... that isn't on Disney. That's on the employee. And again... it's on you to make choices for your own health. If you don't want to catch this virus... stay home, or sanitize and wash your hands all the time.
This is very different from ride safety etc. Your health is really your responsibility. Disney will do it's best to help keep things clean and as safe as possible to lower the risks... but again... the rest is up to the guest.
 
Just want to be clear, if Disney staff "forgets" to clean a high-touch area for 2 weeks and people get sick, that's on the guest? If Disney employees come to work sick and guests get sick, that's not their fault?

What if this was Disney's policy related to everything, that is, guests at the resorts and parks assumed all risks all the time? Would you go, would you care?

With all due respect, Disney will be putting in safeguards to ensure that as best as they can, health and safety will be a priority.

You assume that Disney did this as an out to allow them to be negligent? I don’t think so.

Look at the guests who know expect Disney to pay them if the littlest thing goes wrong on a trip. I even see it now in posts that Disney owes guests something more than entitled Because the virus shut down parks,
 
Just want to be clear, if Disney staff "forgets" to clean a high-touch area for 2 weeks and people get sick, that's on the guest? If Disney employees come to work sick and guests get sick, that's not their fault?

What if this was Disney's policy related to everything, that is, guests at the resorts and parks assumed all risks all the time? Would you go, would you care?
Yes, it’s on the guest. Wash your hands. Keep your hands away your face. Don’t rub your eyes, your nose or pick at your teeth (eww!). The virus is not absorbed thru the skin. Disney cannot disinfect every touchable service between every guest that touches it. It only takes one infected person touching a surface to transmit the virus to those who don’t practice good hand hygiene. Two weeks of not cleaning a surface won’t matter.
 
"Reasonable" is the word here. Disney is reasonably responsible for your safety. But since they cannot control everything, they need to have statements like these to cover their butt legally. Their statement, while it sounds harsh, is just to acknowledge that. However, an agreement like this does not give them full reign to do nothing to protect guests. If they are found to be negligent in their side, they can and will still be sued.

Before, no one would have sued Disney if they caught the flu around the time they were at Disney (while they were also on planes, busses, at gas stations, restaurants, you name it). Right now, if someone catches covid and even remotely thinks it was at Disney, they may very well sue and blame Disney for it. No matter what Disney does, there is still a risk. It is to account for the weird situation where someone spits on you before security could get there to remove them, or your kid licks the railing, or who else knows what.
 
You are likely going to see this from many resort-type and other businesses. It is not Disney acting like a "third-rate grocery store." Disney's, and other business's, liability insurers are telling their business insureds that they should have disclaimer language if they reopen while the coronavirus risks still exists. Lawyers are lining up everywhere to bring personal injury and wrongful death claims against businesses based on alleged failure to take "all reasonable measures" to prevent the spread of the disease. Assumption of a known risk of contracting the disease is a possible defense to those claims, although the extent to which the disclaimers will protect the companies is something that will likely be determined later, but it is definitely better than having no disclaimers. In the legal atmosphere that has fast developed, the only sure way for businesses to prevent a lot of claims is for all of them to never open again until a vaccine is found; otherwise, they need to do everything they can to minimize the risk, including having a disclaimer.
 
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Yes, it’s on the guest. Wash your hands. Keep your hands away your face. Don’t rub your eyes, your nose or pick at your teeth (eww!). The virus is not absorbed thru the skin. Disney cannot disinfect every touchable service between every guest that touches it. It only takes one infected person touching a surface to transmit the virus to those who don’t practice good hand hygiene. Two weeks of not cleaning a surface won’t matter.
If it's on the guest then does Disney have to do anything? I mean why do they have to disinfect anything the guests can just be "super clean" or wash their hands. And Disney can let sick cast members work because its on the guest?
 
You are likely going to see this from many resort-typre and other businesses. It is not Disney acting like a "third-rate grocery store." Disney's, and other business's, liability insurers are telling their business insureds that they should have disclaimer language if they reopen while the coronavirus risks still exists. Lawyers are lining up everywhere to bring personal injury and wrongful death claims against businesses based on alleged failure to take "all reasonable measures" to prevent the spread of the disease. Assumption of a known risk of contracting the disease is a possible defense to those claims, although the extent to which the disclaimers will protect the companies is something that will likely be determined later, but it is definitely better than having no disclaimers. In the legal atmosphere that has fast developed, the only sure way for businesses to prevent a lot of claims is for all of them to never open again until a vaccine is found; otherwise, they need to do everything they can to minimize the risk, including having a disclaimer.
Fair (and reasonable point) but if the risk of litigation is always there then I do argue that its "third-rate" to have this policy how about . . .

"Come on folks, there's a virus about. Be safe and do what's in everyone's best interest. We can't be responsible for everything but we'll do our best. If you get hit by a virus while you're here then don't sue us. This is fair warning." :)
 
If it's on the guest then does Disney have to do anything? I mean why do they have to disinfect anything the guests can just be "super clean" or wash their hands. And Disney can let sick cast members work because its on the guest?

Disney won’t let a sick cast member work. However, if a CM takes Motrin before work and doesn’t have a fever when they get there, there is nothing more Disney can do.

This is simply letting guests know that all the safeguards in the world will not make you 100% immune,

Again, if you are worried that a statement like this allows Disney to not try, then it’s not the place for you
 

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