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

Disney1fan2002

<font color=red>Like OMG the TF is SOO psyched to
Joined
Jun 21, 2002
I dunno - they have to be SURE people know, though, since it's a new policy (or should I call it, a "novel policy"? 🤣 I kid.)

It has to be prominently displayed or it'd be easy for people to say they didn't see a small or sign or read the web site. I realize that may not be legally required (depending on Florida law, which I certainly know very little about), but when you're talking about liability and something new, it goes a long way to making your case if an issue arose. It's only temporary, anyway.
I like this because it brings up another point. Is Disney classless that is has warnings on every ride that a person has to be older than 7 years old to ride alone? I mean, shouldn't that be common sense? Would a family have a lawsuit if they let their 6 year old who looks 8 on a ride alone and they got hurt, because the CM's are not checking birth certificates on each ride?

I don't understand the people that are saying that just because Disney has a disclaimer, that it shouldn't protect them from liability. ???? Why wouldn't it? You bought the ticket with the disclaimer, you agreed to it when you purchased the ticket, you went into a park that thousands of people visit everyday and you get sick. How is that Disney's fault? Because a CM missed a spot on the table you ate at, and you touched it, then touched your face or didn't wash your hands? By the way, I suggest anyone who is planning on visiting make sure you can get your hands on some hand sanitizer before you go. Also, your own little package of clorox or lysol wipes, so you can wipe your own table down, to be sure it is clean. That is PERSONAL RESPONSIBILITY.
 
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tjkraz

<img src="http://www.wdwinfo.com/images/silver.jpg
Joined
Feb 4, 2002
I like this because it brings up another point. Is Disney classless that is has warnings on every ride that a person has to be older than 7 years old to ride alone? I mean, shouldn't that be common sense?
And what about the constant reminders to keep your hands and arms inside the vehicle? Madness!
 

Pooh12863

DIS Veteran
Joined
Aug 11, 2018
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.

**************************************************
"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/
Not going to read 6 pages of posts but how will anyone prove they contracted the virus at Disney even if they did? It's a moot point.
 
  • suemom2kay

    DIS Veteran
    DVC Gold
    Joined
    Feb 26, 2008
    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?
    Let's try to stick with reality. Disney is taking a lot of time and working with Florida and Federal officials, including the VP of the USA. Their plan includes frequent cleaning of high touch areas, social distancing, masks. They need to put that statement their legally protect them from millions of visitors.

    They will be temperature checking all guests and employees entering the parks. They will ask the coronavirus questions. You should read the terms of your park ticket sometime.
     

    suemom2kay

    DIS Veteran
    DVC Gold
    Joined
    Feb 26, 2008
    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.
    Thanks! That's what I was gonna say! Well except I'm legaleazilliterate!
     

    underdesea

    Crazee Cat Ladee
    Joined
    Jul 8, 2004
    I'm struggling to understand the issue here. No one is forced to go to WDW or any other tourist attraction that is reopening. If anyone feels that said tourist attraction is being classless or careless or unfeeling or whatever upsets someone, the choice is theirs to make. Find somewhere else to go that doesn't use sandwich boards or whatever form of communication that is personally offensive. An entertainment complex is a choice. The parameters for visiting have been publicized. Don't feel comfortable with those parameters, don't go. If someone wants to be able to sue a venue for whatever consequence might happen there, research venue policies and don't go to ones with policies one doesn't feel comfortable with. The world is full of choices. Make ones that align with personal concerns and requirements.
     

    kaytieeldr

    Post hoc, ergo propter hoc
    Joined
    Jun 11, 2005
    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?
    Coronavirus would have died out completely and entirely on its own, at least ten days earlier

    Disney would never "forget" to clean any surface for two weeks.

    Hyperbole to support an inva!id point, doesn't.

    Edited to provide a more specific link
     
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    maxiesmom

    The Mean Squinty Eye Works
    Joined
    Jul 6, 2004
    I don't expect Disney to take responsibility for anyone's behavior except their own. I do expect them not to post classless sandwich-board waivers at the parks and resorts. I expect them to have a better presentation.
    You forget they have to play to the lowest common denominator. Have to make things clear enough that people understand, and someone can't sue because they were confused.
     

    Travel60

    Mouseketeer
    Joined
    Feb 8, 2012
    Totally agree with Disney. We not only live in an extremely litigious society, we live in a "its not my fault", "I have no responsibility", "you have to take care of me no matter how stupid I'm behaving" society. I'm sure there will be many lawsuits filed in the coming years by people who got sick or lost a relative and want to blame it on someone else.
     

    Pittdisneyfan

    Earning My Ears
    Joined
    May 22, 2020
    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?
    why wouldn’t guest assume the risk? You are saying what if they don’t do this and that. What about all of the precautions in place already? If you go somewhere during a pandemic of course YOU assume the risk.
     

    maxiesmom

    The Mean Squinty Eye Works
    Joined
    Jul 6, 2004
    why wouldn’t guest assume the risk? You are saying what if they don’t do this and that. What about all of the precautions in place already? If you go somewhere during a pandemic of course YOU assume the risk.
    Exactly. And it isn't like Disney is going to forget to clean something for 2 weeks. Please. Straw man arguments.
     

    eMoneyBug

    Mouseketeer
    Joined
    May 1, 2012
    Well, let me think, how about just about every other restaurant or shop or school or anyplace I've been since this whole thing started. So far I've only seen this sort of thing from Disney.

    Here in America we can disagree with one another and even companies and continue to buy their products. We can criticise one another and still be polite. We don't have to cancel every darn thing that we disagree with.

    It seems to me that Pete Werner who brought us all this often disagrees with Disney and he is a tremendous fan. Maybe you should ask him that question?
    Universal pretty much same message posting etc and they are the #2 behind Disney, does that make them 3rd rate classless also?
     

    moericus

    Mouseketeer
    Joined
    Dec 29, 2010
    The first time few times we took the kids to Disney by mid-week they inevitably touched one too many things and caught a viral stomach bug.

    This was not Disney's fault. This was a risk I took going to Happiest Place on Earth with a few thousand of my closest friends.

    We need to move on!
     

    Donna M

    DIS Veteran
    Joined
    Aug 8, 2008
    I don't expect Disney to take responsibility for anyone's behavior except their own. I do expect them not to post classless sandwich-board waivers at the parks and resorts. I expect them to have a better presentation.
    What is your better presentation? I don't remember reading it.

    This could also be a result from the unfortunate alligator attack at the Grand Floridian a couple years ago. They did not have clear signage about the dangers of alligators and snakes in the area, now you can't pass any body of water without a sign letting you know to stay away. Back then as now, there could still be people who aren't aware of the real and fatal dangers that are present.
     
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    keishashadow

    Proud Redhead...yes, I have some bananas!
    Joined
    Dec 30, 2004
    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.
    Normally, the bus drivers could be relied upon to dole out this sort of wisdom.

    All too often people often need to be protected from themselves In general. A safety reminder, even if not gentle, is never a bad thing.

    From reading countless threads on the DIS, it’s apparant many guests seemingly zone completely out when they visit Disney parks, relying upon the happiest place on earth to be a safe utopia.

    Universal pretty much same message posting etc and they are the #2 behind Disney, does that make them 3rd rate classless also?
    Since they’ve opened things up first, believe that puts them into #1 position :). Not sure that is a good thing right now if truth be told while many collectively sit home & hold their breath, hoping for the best outcome.
     

    DVCSunDevil

    Mouseketeer
    Joined
    Mar 1, 2020
    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.

    **************************************************
    "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/
    I agree with Disney. It's ridiculous for you to claim they need to "have some class". They are taking precautions, but to think that any precautions will completely prevent the potential to spread any virus is ludicrous. Even with precautions, each and every person visiting Disney needs to do so knowing they stand the chance to contract COVID 19, or any virus for that matter. People need to take responsibility for their own decision to visit Disney. Too often people want to lay all the responsibility at the feet of the company, when instead people need to take responsibility for their own decisions. Disney isn't forcing anyone to visit. Do so at your own risk. I completely understand and agree with Disney's disclaimer. It wouldn't dissuade me from visiting one bit.
     

    DVCSunDevil

    Mouseketeer
    Joined
    Mar 1, 2020
    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?
    Again, people want to lay responsibility on everyone but themselves. Bring hand sanitizer. Use it. Or don't go to Disney if you are worried about the things you mentioned in this post. Disney will be doing their part, but you need to do yours. And no precautions Disney takes are 100% to stop any virus. And how would you be able to prove you got it at Disney and not the gas station...or the grocery store...or the airport? They need to have this disclaimer for all the people out there looking to assign blame.
     

    DVCSunDevil

    Mouseketeer
    Joined
    Mar 1, 2020
    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.
    Well said. There isn't an issue. Some people just want to blame everybody except themselves.
     

    DVCSunDevil

    Mouseketeer
    Joined
    Mar 1, 2020
    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?
    Lol. Didn't take long to start imagining conspiracy theories, did it? Disney has a reputation to uphold, one that has taken decades to create. They do the right thing, or at least try to. They aren't going to not clean/sanitize and then put it on the guests by this disclaimer. They are going to try to do the right thing, but they know that they can't keep every inch of their parks completely clean at all times. If you are worried, then don't go.
     

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