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 believe Disney will do all that they can do to make their parks and resorts safe for all of us. It is in there best interest to do so. I also don't have an issue with their disclaimer statement.

At some point in time, I'm not exactly sure when it happened, many people started to lose the concept of personal responsibility and personal accountability. For some reason (that I don't understand) they think it's someone else's job to see to their personal health and welfare. Each of us has a responsibility to take care of our own safety and well being along with the safety of those we love. It is up to me to decide if Disney is a safe place for me and my family to go. If I feel they aren't doing their part I wouldn't go, simple as that. At the same time it is up to me to do my part and follow the safety measures recommended by the healthy community. I hope we as a nation and world have a vaccine in place soon so we can start to feel a little safer knowing that vaccines aren't 100% effective.
 
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. :)

Disney and companies like it do usually carry liability insurance. What you typically see with such companies is layered insurance: (a) the primary layer is a "fronting" insurance policy, under which the insured gets an insurer that defends and pays the claims until primary liability limits are exhausted and the premium paid essentially ends up equaling all the defense and indemnity costs covered by the insurer plus a premium added for the insurer's services; (b) a first layer "umbrella" policy for a fairly high premium that typically provides, at its excess level, both defense and indemnity for the same type of claims that would be covered by the terms of the primary insurance, and also covers at a primary level a class of claims that are not typically covered by primary insurers; the insurer is usually responsible for the costs of defense and indemnity, but there may be deductibles, particularly for those types of claims not typically covered by the primary policy: (c) numerous layers of excess insurance over the umbrella policy, which often provide coverage for liability but not defense, and, stacked on top of each other, often provide tens of millions, to even hundreds of millions, of total liability coverage.

Sometimes there is self-insurance at the primary level and the umbrella and excess levels are above that, but that is not the usual arrangement both because there are many umbrella and excess insurers who will not provide insurance unless they know there is an experienced primary insurer in place, and because insureds do not want to have to handle their own liability claims, including having to hire and constantly supervise defense lawyers across the nation, i.e., primary liability insurers are in the business of doing that and can provide that service often for less than it would cost if the insured handled its own claims.

With the pandemic, there can also be an issue as to whether insurance applies at all to the personal injury claims. Many policies exclude coverage for pandemics unless the insured pays for a rider to the policy to cover it. Moreover, future insurers likely will exclude any claims arising out of the current pandemic. Nevertheless, existing insurers, even if they do not cover the claims, still communicate with the insureds about them, including providing advice like for the insured to add a disclaimer/assumption of risk advisory when it reopens.
 
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I believe Disney will do all that they can do to make their parks and resorts safe for all of us. It is in there best interest to do so. I also don't have an issue with their disclaimer statement.

At some point in time, I'm not exactly sure when it happened, many people started to lose the concept of personal responsibility and personal accountability. For some reason (that I don't understand) they think it's someone else's job to see to their personal health and welfare. Each of us has a responsibility to take care of our own safety and well being along with the safety of those we love. It is up to me to decide if Disney is a safe place for me and my family to go. If I feel they aren't doing their part I wouldn't go, simple as that. At the same time it is up to me to do my part and follow the safety measures recommended by the healthy community. I hope we as a nation and world have a vaccine in place soon so we can start to feel a little safer knowing that vaccines aren't 100% effective.
Well stated.
 




You can post all the policies you want but that doesn't shield you from negligence under applicable laws. In the end, it clarifies for people they are expected to take responsibility for common risks. It's the same conversation we had when a child was killed by an alligator at The Grand Floridian. Disney is not responsible for wildlife attacks because that is a normal risk. And they don't even have to post signs for that or the risk of catching Covid. They hope you will not attempt to file a frivolous lawsuit so their legal costs do not escalate.
 
I believe Disney will do all that they can do to make their parks and resorts safe for all of us. It is in there best interest to do so. I also don't have an issue with their disclaimer statement.

I don't see how they could possibly reopen without ample liability protection regarding a highly contagious novel virus they have no control over and that we all are well aware of.

I've certainly voiced plenty of complaints about my Disney experiences (most of which relate to Tony's Town Square and Spice Road Table -- the possible source of the outbreak -- but that's for another thread). However, I've never seen the company cut corners anytime safety or health is concerned. On the contrary, they always seem to go far above and beyond anything I've experienced anywhere else. I travel a modest amount for work and can confidently render that assessment based on that experience. Nowhere else have I seen a worker swipe a water sample while I'm in a hot tub, nor seen 5 with bright flashlights searching for someone's diamond ring in the shrubs on NYE. The idea that they'd cut corners here is pretty absurd, IMHO. Will mistakes be made? Sure. But they'll adjust, and do their best.

Nothing will crush Disney's theme park business more than the PR of a major outbreak in the Magic Kingdom. To think they wouldn't do everything humanly possible to prevent that is nonsense.
 
People need to take personal responsibility for their actions. We ALL know there is a virus out that that can kill us that is highly contagious. Disney will do what it can to keep us all safe, including requiring us to wear masks and social distance, because it seems a lot of people can't figure that out on their own. There is never a 100% in anything. If anyone has a problem with Disney's disclaimer or the fact that they will make mask wearing mandatory, DO NOT VISIT. Disney is not holding a gun to anyone's head forcing them into their parks.

I am truly shocked by some of these replies. People really think Disney should not protect themselves from liability when informed people are choosing to visit their parks that have THOUSANDS of people going through on a daily basis?

Disney needs to open. They are losing billions a day. People need to assess their risks if they decide they want to visit before their is a vaccine.
 
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People need to take personal responsibility for their actions. We ALL know there is a virus out that that can kill us that is highly contagious. Disney will do what it can to keep us all safe, including requiring us to wear masks and social distance, because it seems a lot of people can't figure that out on their own. There is never a 100% in anything. If anyone has a problem with Disney's disclaimer or the fact that they will make mask wearing mandatory, DO NOT VISIT. Disney is not holding a gun to anyone's head forcing them into their parks.

I am truly shocked by some of these replies. People really think Disney should not protect themselves from liability when informed people are choosen to visit their parks that have THOUSANDS of people going through on a daily basis?

Disney needs to open. They are losing billions a day. People need to assess their risks if they decide they want to visit before their is a vaccine.

I was actually think more about this today and I think another big reason for this is to remind people that going to a place with that many people puts you at increased risk than staying home.

That is isn’t about what Disney is or is not going to do to keep people safe, but rather they have no control over other guests you come in contact with who could be asymptomatic, etc. and that by entering you recognize you are going to be potentially exposed simply by being around others
 
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?


They're still running a business and broader economic recovery is going to be dependent on an ever increasing portion of the population feeling that the risks are low enough to warrant the satisfaction of leaving the house. Disney, perhaps more than nearly all companies, is particularly worried about their corporate image, and not taking reasonable precautions I believe goes against their institutional DNA. Further, any chance of opening up the rest of the theme parks rests on successful pilot of Disney Springs (and in a bit of a strange twist, having Universal Orlando's properties be equally successful in their opening - either one becoming the source of an outbreak sets both back significantly).

Beyond that, corporate lawyers are going to corporate lawyer. The only standard any of us can generally expect is what would a reasonable entity do in a reasonable set of circumstances with a reasonable amount of available information.
 

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