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

I find nothing wrong with Disney’s position on this. Obviously the guest is the one who is responsible. I just have a question for those who find their policy objectionable. Do you also find the warnings that are posted in front of numerous rides warning that rides with various conditions not to ride ? It’s really the same thing, you as the rider are assuming the risk.
 
I find nothing wrong with Disney’s position on this. Obviously the guest is the one who is responsible. I just have a question for those who find their policy objectionable. Do you also find the warnings that are posted in front of numerous rides warning that rides with various conditions not to ride ? It’s really the same thing, you as the rider are assuming the risk.
I think somewhere along the way my objection has been misconstrued.

I don't object to a warning and I don't object to being responsible for myself. I object to the classless way in which it is being done.

Disney is disclaiming all risks related to COVID-19. Imagine if Disney disclaimed all risks for anyone entering their park for anything. That would mean that a broken ride that hurts or kills someone is no problem. I believe that Disney is trying to bark people into not suing if something goes wrong. Which is classless. Under Florida law they cannot disclaim all liability - they know that.
 




Disney is disclaiming all risks related to COVID-19. Imagine if Disney disclaimed all risks for anyone entering their park for anything.

If it makes you feel any better, Disney already is not responsible for loss or damage of belongings or property, can enter your room for any reason, change the operating hours of anything with no notice, refund or liability, and deny/prevent admission with no refund or liability (this one for violating any of the policies, being offensive, unsafe or is otherwise determined to be required). Oh, and they can film/photograph you without your permission or compensation, including visual or voice reproductions. Some awfully vague stuff to which we already agree.

Legalese can be pretty scary if it's not something folks are used to hearing or reading about. The Disney Springs thing is really no different. It's just shocking to some because they're hearing about it in the media. If it makes you feel any better, imagine what the legal stuff reads like for your plane ticket. :crazy2:
 
How the actual is Disney supposed to be able to protect all visitors from a virus that is airborne, anyway? It is actually impossible for them to make any guarantees.

Beyond that, while comorbidities matter a lot, perfectly healthy people have been getting the virus and experiencing lung damage. So this is also unpredictable.

Disney cannot guarantee a thing, because no one can. Literally no one. Sure, believe "Disney is better," but have reasonable expectations of what that means, especially since every human moving through the space is a variable that cannot be controlled. Just look at stroller parking in Magic Kingdom sometime for your benign proof.
 
Disney has to do this. As someone mentioned, especially in our litigious society.

Several years ago when discussing a potential "Event", one of my employees asked our Attorney "Can we get sued for this?". Our Attorney responded with, "If they have $250 and directions to the Courthouse they can sue you for anything"

I'll never forget that sage advice.
 
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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 will do extra cleaning and require PPE and wellness checks for cast members for the time being because that is what most guests will expect before they are willing to go and spend money at Disney's facilities.
 
Isn't this probably a requirement for their liability insurance? and probably every amusement park's liability insurance at this point? I wouldn't even put blame on Disney for this - although I don't think this is a big deal - this is probably something they had to put somewhere.

Also - what exactly would be the definition of "class" in this situation?

No. It's probably not. Companies the size of Disney don't carry liability insurance. They are the liability insurance.

I do confess that I'd love to own the company with the financial fortitude to underwrite their policy though. :)
 
Isn't this probably a requirement for their liability insurance? and probably every amusement park's liability insurance at this point? I wouldn't even put blame on Disney for this - although I don't think this is a big deal - this is probably something they had to put somewhere.

Also - what exactly would be the definition of "class" in this situation?

I think Disney is self insured.

Sorry, Did not see it was stated earlier
 
Disney is disclaiming all risks related to COVID-19. Imagine if Disney disclaimed all risks for anyone entering their park for anything. That would mean that a broken ride that hurts or kills someone is no problem. I believe that Disney is trying to bark people into not suing if something goes wrong. Which is classless. Under Florida law they cannot disclaim all liability - they know that.

I guess I read the language a bit differently than the OP. The operative language says this: "By visiting Disney Springs you voluntarily assume all risks related to exposure to COVID-19." The OP is emphasizing the "all risks" part of the sentence, where if you emphasize the "exposure" section, I believe it changes the meaning of that sentence a bit. Disney is not disclaiming its liability as to the acts/failure to act, but as to the results of those acts, i.e. hospitalization, permanent disability, or even death. This sentence is immediately preceded by a description of the danger of Covid-19, what could happen, and who is most vulnerable.

In a similar vein, everyone gets all up in arms about the "hot coffee" case, but in actuality, McDonalds really was in the wrong. They intentionally kept the coffee at 195-205 degrees based on the assumption that people would get the coffee and bring it back to their home or office before drinking it (most people's preferred drinking temperature is between 125 - 155 degrees). However, they never communicated that assumption to customers. They admitted during the trial that it was a hazard. They had also received several hundred complaints from customers that the coffee was too hot but didn't do anything to either change its practices or educate its customers. As an aside, the original jury verdict awarding the plaintiff (a 79 year-old grandmother who suffered 3rd degree burns to her legs and genitals and who readily acknowledged that the spill was her fault) $2.9M was later reduced to $600K. McDonalds also changed how hot it kept its coffee.

A prior poster mentioned reasonableness. In the hot coffee case, it was reasonable that the plaintiff could potentially spill coffee on herself, which she admitted was her fault. It was reasonable that someone might be injured as a result, most likely first degree burns like if you spill coffee on yourself at home. What was unreasonable was the extent of her injuries. McDonalds knew the risks but did not communicate them to customers. Here, Disney is communicating not only the risks but also the possible outcomes.

No person can assume the risks of intentional acts (like if a Disney employee either knowingly spreads Covid-19 or didn't intentionally properly follow safety protocols). Assumption of risk only applies to negligent acts or failure to act. If the coffee maker at that Albuquerque McDonalds had just gone on the fritz that one day when the woman got her scalding hot coffee, it might have been a different story. As it was, McDonalds' intentional acts, knowledge of its hazards, and failure to change its behavior were part of that jury verdict. My reading of that disclaimer is that Disney is not only communicating the guests' responsibility but also the potential results of such exposure.
 
Disney is disclaiming all risks related to COVID-19.
What do you propose that they do instead?

I've always avoided coughing people. And, there are always coughing people at Disney. If someone is coughing a lot in a line - I leave the line. Heck, when I am at a grocery store, if someone is coughing in a aisle, I don't go down that aisle, even if I need something. I understand the risks of viruses, which are always rampant. There are always people in public who have a cold or the flu. If there weren't - those things wouldn't spread. Viruses are viruses no matter what you call them. Would you feel more comfortable if Disney put up warnings regarding viruses in general vs Covid19?
 

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