Another Disney Lawsuit

I'm a lawyer with 30 years experience. This is why people hate lawyers. My practice is personal injury defense. I seen a lot of dumb lawsuits but this could be at the top of the dumb list. The lawyer who came up with that theory of liability and told his/her client there was a realistic claim should be embarrassed. I hope Disney doesn't buckle to extortion and pay something just to make it go away.
 


If they'd just remove all of the attractions and stores they would have plenty of room for walking lanes, stroller lanes, double stroller lanes, and scooter lanes. But it seems a walker could still trip over another walker!!!
 
They could just ban all scooters if lawsuits like this keep popping up. Nothing like one person ruining it for the rest.

That being said, -- no offense to those needing them -- but they just don't work very well in a crowded theme park. They don't have the maneuverability or flexibility of a wheelchair or stroller.
 


On the other hand...
If a person is seriously injured at WDW from a scooter, needed surgery & will possibly face a hip replacement?! Yeah, the overcrowding issue which doesn't just include guests walking, but scooters & strollers as well, needs to be addressed.
 
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Well, from the other perspective, there are too many pedestrians.

Unfortunately, there are folks on both sides of the equation that don’t pay attention. Added to the problem is that scooters are not always the easiest things to maneuver (especially larger ones).
 
I think the problem isn't the seasoned scooter rider. It's the new rider. Just this past December we boarded a water taxi at Beach Club, headed to Holly Studios. The last family to board had an elderly woman with them on a rented scooter. When she boarded she tried to go around one of the roof support poles at the back of the boat (The area for scooters and families) and she slammed this poor woman into her seat! Her family was screaming at her to "let go!". She was holding the throttle and had no idea she had this lady pinned between her scooter and the wall. It lasted about 30 seconds and you could tell that the lady she hit was hurt. Not one person from the scooter family asked the lady if she was okay and they never apologized.
 
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I had something like this happen to me this past June. We had just eaten at The Mara and we were at the entrance back into the hotel. I was in the entrance when my daughter asked me a question. I stood there a second to answer when and elderly lady in a scooter behind me ran her scooter right into me. I have plastic knees from my Marine days so I fell down rather hard. She yelled at me that I had no business standing in front of her. After she made it inside one of her adult granddaughters came back and apologized and checked to see if I was alright. She said that her grandmother was new to the scooter and rather short tempered about her mobility being reduced. I would hever have thought of trying to sue anyone even her.
 
I've gotten hit by a stroller with an apology at EPCOT during one of the festivals. It wasn't by design, but I have witnessed there are some far less apologetic.

I heard somewhere that the most common treated injury at WDW are ankle related "hits" from scooters/strollers.
 
I'm a lawyer with 30 years experience. This is why people hate lawyers. My practice is personal injury defense. I seen a lot of dumb lawsuits but this could be at the top of the dumb list. The lawyer who came up with that theory of liability and told his/her client there was a realistic claim should be embarrassed. I hope Disney doesn't buckle to extortion and pay something just to make it go away.

Disney is notorious for doing just that. IE: Monoco family and their get-rich-quick scheme. Disney paid and they had zero liability.
 
If someone is hit by a scooter, the first thing they should do is not let the offender go. If you have to take the key out, then do it. Call for someone from Disney to come and fill out a report. Just like a car accident. Get the person's info, etc. This way if you are injured you know who to go after and there is documented proof.

Perhaps the companies that rent these ECVs and Disney should sell a mandatory insurance policy with each rental.
 
If someone is hit by a scooter, the first thing they should do is not let the offender go. If you have to take the key out, then do it. Call for someone from Disney to come and fill out a report. Just like a car accident. Get the person's info, etc. This way if you are injured you know who to go after and there is documented proof.

Perhaps the companies that rent these ECVs and Disney should sell a mandatory insurance policy with each rental.

I do wonder if there would be further complications if you attempt to impede another guest's movement?
 
If someone is hit by a scooter, the first thing they should do is not let the offender go. If you have to take the key out, then do it. Call for someone from Disney to come and fill out a report. Just like a car accident. Get the person's info, etc. This way if you are injured you know who to go after and there is documented proof.

Perhaps the companies that rent these ECVs and Disney should sell a mandatory insurance policy with each rental.
I agree with you on this one. Collisions happen but if someone is injured, it's not Disney's fault. It might have happened on Disney property, but the liability SHOULD be on the user of the scooter.
I am laughing at the quote, "The lawsuit alleges that Disney was negligent because there are no designated scooter lanes to separate riders from visitors on foot and scooter drivers don’t get safety instructions," because it would violate the ADA to give the scooter users their Very Own Lane. And also it would be excessively discriminatory of Disney to demand proof of "Scooter Driving Ability". What, we're gonna set up yet another staging area outside Security so the CM's can watch Grandma do donuts in her ECV and load herself onto things with no trouble? HAHAHAHA
 

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