Child Severely Injured on Disney Resort Property - what would you do?

[Tatebeck]

Other than reaching out and seeing if Disney's insurance will take care of the medical bills, I don't think I would pursue litigation. On top of Disney having the upper hand on the lawyer front, I just don't think it would make a very good case.

There are so many times where any one of us can have an accident just by sheer bad luck and this seems like it was one of them. Anyone could trip on a sidewalk and hit their head on a curb/rock, or trip in a restaurant and somehow be impaled on a fork or a knife. That doesn't mean it's anyone's "fault," just that it was some terrible luck that he tripped/slipped where he did, near an object that was sharp, and it caused significant damage.

The good news is that he seemingly is making a full recovery, and that's the most important thing! I'm sorry it happened and you both have to go through this, but after something bad happens, a full recovery is the best case scenario! Maybe they will make some magic happen if you reach out, you never know! But I wouldn't want to become hostile towards them unless I felt like it was something that was completely their fault. I hope he continues to have a great recovery and that all your bills are covered!

 

[KNovacovschi]

So - im not sure why but I feel the need to double down on this - despite the “completion” of the vacation- he was severely injured. I left out details before bc why would I need that but this is kind of implying that I overreacted.

The skin and soft tissue on one arm was ripped open by a 2.5inch hook which he impaled himself on and then slid down, from under his shoulder to before his elbow. By some miracle of angles (and angels?) his axillary artery was missed by “a hair” - plastic surgeon had a specialty in reconstruction which helped him to be able to function more quickly afterward (only internal stitches & external glue and steri strips .
We don’t know if he will be able to competitively swim the same way he was for the last 3 years - but he was able to pin trade, complete hidden Mickey scavenger hunts & make smores (with help) for the last part of our vacation. Does that make it not “severe”?

It is definitely severe and I’m sorry your son had to go through that. Also you also left out how he fell though, did he trip over his own feet, did he slip on wet ground? Unfortunately accidents do happen and can happen anywhere. I personally don’t think this is something to sue Disney over. Think of it this way, if this happened anywhere else such as a park or friends house would you sue them?

 

[dismiss]

I am a MD, so I understand a bit about health insurance policies

- your insurance will be be billed as out of network, most likely tier 3 because this was an out of state hospital. So you will be hit with the worst out of pocket/deductible possible for your plan. it does not matter to them if that was an "accident" or not, that won't affect the way it is billed, so be prepared.

- The bill will likely be significant, because your child required surgery, multiple specialists (surgeon, plastic surgeon, anesthesiologist, ER doctor, etc), facility fee (operating room, etc).

- I personally WOULD NOT sue Disney. however, I would definitely contact them and explain to them how much you are going to spend on this (probably thousands in terms of deductible) and the least they could do is to pay for EVERYTHING. If they say no, then you threaten litigation. I highly doubt they would not pay for your expenses. They might even offer another stay for free.

- DO NOT wait for the hospital bills to contact Disney. sometimes it takes weeks/months for the insurance to process everything, you are wasting precious time. once the bill is sent, you have 60-90 days to make a payment, and they rarely put on hold even if you are trying to figure it out with Disney. be proactive, don't waste time.

Good luck and I am glad the kid is fine!

 

[dismiss]

I am a MD, so I understand a bit about health insurance policies

- your insurance will be be billed as out of network, most likely tier 3 because this was an out of state hospital. So you will be hit with the worst out of pocket/deductible possible for your plan. it does not matter to them if that was an "accident" or not, that won't affect the way it is billed, so be prepared.

- The bill will likely be significant, because your child required surgery, multiple specialists (surgeon, plastic surgeon, anesthesiologist, ER doctor, etc), facility fee (operating room, etc).

- I personally WOULD NOT sue Disney. however, I would definitely contact them and explain to them how much you are going to spend on this (probably thousands in terms of deductible) and the least they could do is to pay for EVERYTHING. If they say no, then you threaten litigation. I highly doubt they would not pay for your expenses. They might even offer another stay for free.

- DO NOT wait for the hospital bills to contact Disney. sometimes it takes weeks/months for the insurance to process everything, you are wasting precious time. once the bill is sent, you have 60-90 days to make a payment, and they rarely put on hold even if you are trying to figure it out with Disney. be proactive, don't waste time.

Good luck and I am glad the kid is fine!

I agree with this answer. You can ask them to pay for your out of pocket bills to "make you whole" Nothing more, nothing less. The same as any other business where an accident occurs.

 

[samsteele]

If the DVC property was in the state of Florida, call a Florida lawyer with a 1-800 number that provides a free consultation. Call more than one lawyer. Get some basic information esp re limitation periods. Find out how long your son has to bring his claim. Find out what obligations and steps you may need to do as your son's litigation guardian. Bringing a claim means actually filing a statement of claim or lawsuit. Find out how their contingency retainer agreement actually works. Better to have the information sooner rather than later. Then you can decide if you wish to pursue this for your son. Take notes during the consultation. Ask if the lawyer will send you a letter for free confirming limitation periods. Confirm you are actually speaking with a real lawyer and not an assistant or paralegal. Keep a detailed diary or journal. Write out in detail how the injury occurred from the moment the day began to after you returned home. Your memory will fade and details will be forgotten. Take pictures of your son's injury now as bruises will heal and scars may fade. Keep a journal and keep receipts for all out of pocket expenses. If you remember the names of any witnesses write them down. Your notes and pictures are your property. You can choose to share them with who you wish and are not obliged to give them to an adjuster working for Disney. They are for you and your lawyer and your lawyer can then decide when to share. Your son is a minor. In some jurisdictions, a minor has significantly longer time to bring a claim than an adult as neither he, nor his parents and certainly not his treating physicians and specialists only a few months after injury know what the long term impairments and expense will be over the course of his life. Get your crucial legal info now. Then you can make the best decision in the interest of your child. ps a previous poster mentioned the defendant immediately changing the at fault equipment is not helpful for a plaintiff. That isn't the case in all jurisdictions. In some jurisdictions, it is certainly admissible and can be very damning. Speak with a Florida lawyer now and find out what you need to know.

 

[LaurenT]

I was staying on points.

That’s a good point about the insurance company thing -but do you mean health insurance? I don’t have another type of insurance other than car and house I guess? How would my health insurance know it was something that happened on someone else’s property? Idk. I’m still in somewhat of a daze about this but that might be a good question for the email to Disney - I’m not looking forward to the bill - the hospital is not in network - it is what it is - grateful to have had the care we did - but it will be a doozy.

My husband wound up at the Advent Health Hospital in Celebration after going into SVT at Cape May - he was taken there by ambulance.
I was also worried about it being out of network … but it turns out that if you need the hospital for an emergency and there are no in network hospitals in the area, the insurance treated it as in network. I’m not sure if this is the case with all insurance, but I have a feeling it is.
Also, Disney runs the ambulance and did not charge us for that.
In my case, there wasn’t any negligence on Disney’s part and they went way above and beyond in taking care of us!
In your case, if you have a family member urging you to sue … ask yourself if the accident was foreseeable or if it was something that noone could have anticipated. If it was foreseeable, then Disney could be found to be negligent, if it wasn’t - then I wouldn’t sue for something they didn’t do wrong.

 

[vadersprincess12]

Sorry this happened to your son. What if you would have been a your local public pool? Life happens, accidents happen. Something like could have happened at any place that has a gate. Move on................

 

[BK2014]

Why does your family member think Disney is responsible and litigation is the route to go? Just because it happened on their property does not make them at fault. You described it as your son falling on the latch, without any more detail (and I am not saying that you are obligated to provide any). However, if it was just a fall and he just happened to fall in a way that he caught the latch, I don't see how Disney was negligent. However, I do think it would be worth reaching out to to Disney about the situation and the medical bills.

That being said, I am sorry this happened to your son.

 

[toodycat]

I am so happy your son is OK. How terrifying! My first move might not be to sue Disney, but I would definitely make sure I had all the medical records and other documentation in case the hospital bills are such that you can’t handle them easily or your son suffers any long term effects and you decide you need or want to sue.

My son was injured on a Disney cruise years ago and I corresponded with DCL’s safety person about it because they wanted to know how the accident happened so they could design a fix. (He was injured in a folding sofabed.) DCL did make some changes to prevent future accidents and they gave us 50% discount off our next cruise. I probably could have fussed more and gotten more significant recompense, but since my son was all right, I didn’t pursue it. But you may want to speak to an attorney and/or open a dialogue with Disney.

 

[toodycat]

UPDATE: My husband says the property will have insurance to cover such incidents and that you should contact them and ask what their practice is for reimbursing you for the medical bills. Do you have a copy off the incident report? If not, make sure you know the exact date. Also, if you have a picture of the new latch, that would be helpful as it shows that the resort knew their original hook was the cause.

 

[Mackenzie Click-Mickelson]

Also, if you have a picture of the new latch, that would be helpful as it shows that the resort knew their original hook was the cause.

Or it was a damaged hook they saw needed replacement. It's difficult to prove pre-knowledge of an issue much less that it was damaged prior to injury of a person (rather than in the act of it) and goes much further than a photo of new hardware.

***that's only speaking towards the "shows that the resort knew" part not in relation to the incident as the OP described it.**