The details of this incident are unclear, but suffice it to say, a metal sign resulted in a severe hand injury that required the boy to have two of his fingers amputated. The parents have since filed a lawsuit against Disney alleging that the sign was unreasonably dangerous and posed a foreseeable danger to children who would occupy the area. Such an injury was the inevitable result of placing a dangerous sign in a child’s play area. The lawsuit alleged that Disney is responsible for the boy’s medical damages and the loss of his fingers. Below, we’ll take a look at the claim.
Premises liability lawsuits
Disneyworld and Disneyland are, among other things, a premises. Most of the lawsuits filed against the company are premises liability lawsuits. Premises liability lawsuits can be tricky to win because you have to allege negligence. Negligence in the case of a premises liability lawsuit generally requires foreknowledge by the premises owner of the dangerous condition. However, foreknowledge can be imputed or assumed in a couple of situations. Firstly, if the proprietor has reason to know that the issue is recurring, they should check problem areas periodically to ensure that there is no obvious danger. Secondly, a proprietor who places a dangerous condition in an area with heavy traffic is automatically liable even if they did not “know” the danger was present.
In this case, an investigation into the incident is still ongoing, but if the sign was sharp enough to cause lacerations that required amputation, then the negligence can be imputed on one of two parties (or both). The first party, of course, is Disney. The second party would be those who manufactured a metal sign capable of removing fingers.
It remains unclear how this accident occurred, but most signs are not sharp enough to cause lacerations severe enough to require amputation. That alone places it in the realm of negligence. Disney allowed the dangerous condition to remain on their premises. Another party likely contributed liability for not beveling the edges of the sign.
What will happen?
It is typical in a lawsuit like this to blame the victim for the injury. However, most juries will not appreciate a small child being blamed for touching or grabbing an unnecessarily sharp sign. This lawsuit looks likely to settle with the child getting compensation for medical expenses and the mutilation of his hand. Mutilation injuries can sometimes go into the millions, especially since the boy will likely miss out on several activities that require five fingers. He will have to live with this disability for the rest of his life and it could cost him opportunities down the road.
Talk to a Tampa Premises Liability Attorney Today
Palmer | Lopez files premises liability lawsuits against those who have been injured due to a dangerous condition. Call our Tampa personal injury lawyers today to schedule a free consultation and we can begin discussing your strategy immediately.
Source:
insidethemagic.net/2022/06/disney-world-injury-lawsuit-boy-ld1/
