HMANSION LOVER
PIN TRADER
- Joined
- Oct 26, 2012
I'm sorry but that one actually hurtClearly there must be fowl play involved.....
I'm sorry but that one actually hurtClearly there must be fowl play involved.....
Just as often the decision is made on thoughts like Disney has deep pockets, the plaintiff is looking for a windfall, there’s no merit to the claim. Fortunately, many, many persons who serve on juries take their duties seriously and decide based on the facts and law before them.
But I do see what you are saying. If Disney planted larger trees, with the knowledge that these certain birds would nest there and could be a potential problem for their guests on the balconies; then Disney could be found liable if someone is injured by the birds while on the balcony. Disney could have easily chose to landscape with a type of bush or tree that the birds would not nest in (many places do this when choosing plants for their landscape) but instead created the situation.
Yes, but in my example, Disney did something (the landscaping) that actually increased the risk of the birds attacking guests.
Therefore, the behavior of the birds would not be "unpredictable." It was predictable, and caused by the actions of Disney, and Disney refused to take steps to mitigate the danger (in my hypothetical).
I will say, that if I had to bet on the outcome, that this will be thrown out as frivolous (unless Disney decides that a quick settlement was cheaper than the court costs/attorney's fees required to get it tossed - and they assume they wouldn't be able to recover attorney's fees). But, I would not say it with certainty without at least reading the complaint.
You will find on these boards, that EVERY lawsuit brought against Disney is thought to be frivolous and just a money grab. Every single one. Disney is NEVER wrong and NEVER responsible. Actually its not just Disney, in other parts of the boards, its that way for any lawsuit, any where.
But I do see what you are saying. If Disney planted larger trees, with the knowledge that these certain birds would nest there and could be a potential problem for their guests on the balconies; then Disney could be found liable if someone is injured by the birds while on the balcony. Disney could have easily chose to landscape with a type of bush or tree that the birds would not nest in (many places do this when choosing plants for their landscape) but instead created the situation.
Its not really so much different than if Walmart mops the floor and leaves it wet and doesn't put up wet floor signs. They caused a potential injury causing situation. If someone falls, then Walmart is liable.
But if I've read correctly she couldn't identify the bird, so without that knowledge I don't see how that argument stacks up.
Planting trees is not a pretense to being able to determine animal behavior.
Legally, there also has to be notice of said condition (birds flying into patron's heads) to set a legal condition for Disney to need to do anything. I highly doubt there was more than one case of this occurring. So there's one legal "out."
Our local park district planted bushes years and years ago that a red winged black bird decided recently to make it's nest. Never been an issue before. Now people can't walk down that path without it flying at them. Next year? Probably will be back to normal. The plantiff has to present an argument that this issue was known of, or should have been known to occur. I'd say that's a huge uphill battle.
A few years ago I was getting into the hot tub at POR and slipped on the second step. They were not very nice at all when I went in to tell them. The rail hit my right side and I was bruised down my whole side. My back hurt terribly. All I asked for was some icy hot or something like that and they just blew me off. Here is the clincher..everyone in the hot tub knew that the second step was slick and that is why they said "be careful" which I was but it slipped out from under me. They said I had been the 3rd person to slip on that step that they had seen. The problem was and I tried telling this to them at the office is the the second step didn't have any of that grit or whatever it is that makes it less slippery, it was slick as glass and I was holding on to the rail. I was sorely disappointed in Disney's response. The mgr begrudgingly told me she could "send someone to the store if I wanted" to get the icy hot. And i did. I wouldn't have slept at all that night and I was hurting the rest of the trip. I wasn't trying to sue them I just wanted a little consideration and for them to fix the problem so other's didn't do this. I told her (mgr) that 2 before me had slipped and all she had to do was check it. I expected next day hot tub to be drained while they repainted that area with some texture paint,,,but nope, not a thing was done.