Rumor about potential major reduction in operating hours for WDW if Disney Asia parks remain closed due to coronavirus

[rjb123]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts? Just something I have been pondering as I watch/ read the news. I also wonder if an organization who held a large sporting event/ conference could be held liable if there turned out to be an outbreak associated with that event.

 

[SaintsManiac]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts? Just something I have been pondering as I watch/ read the news. I also wonder if an organization who held a large sporting event/ conference could be held liable if there turned out to be an outbreak associated with that event.

I doubt it, but I am sure some clowns would try and sue.

 

[brent02139]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts? Just something I have been pondering as I watch/ read the news. I also wonder if an organization who held a large sporting event/ conference could be held liable if there turned out to be an outbreak associated with that event.

Doubt it. I would assume at this point in time, historically hundreds of thousands of people caught flu or other diseases. Some who are seriously ill and some who have died (I heard everyday someone dies in the park, whether old age or exhaustion). One hurdle I think is you have to show that you got sick because of CM or park visitor, which will be difficult to prove. Other will be negligence, that Disney willfully worked CM who are sick or let visitors in who showed symptoms into the park.

 

[Searc]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts? Just something I have been pondering as I watch/ read the news. I also wonder if an organization who held a large sporting event/ conference could be held liable if there turned out to be an outbreak associated with that event.

Was anyone forced to visit Disney in this hypothetical situation?

 

[Remy is Up]

Was anyone forced to visit Disney in this hypothetical situation?

Exactly. If you CHOOSE to go, you are taking the responsibility for the risk on yourself

 

[rteetz]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts? Just something I have been pondering as I watch/ read the news. I also wonder if an organization who held a large sporting event/ conference could be held liable if there turned out to be an outbreak associated with that event.

Would this be any different than the flu? I am sure numerous people have gotten sick at Disney but they don't close for that. I know I have gotten sick after a Disney trip. Not the flu but still.

 

[TwoMisfits]

Would this be any different than the flu? I am sure numerous people have gotten sick at Disney but they don't close for that. I know I have gotten sick after a Disney trip. Not the flu but still.

It probably would depend if the positive employees or those required to remain in self-quarantine were ordered back to work my managers...and then guests got sick.

It would take a negligence level not seen in a normal circumstance.

 

[snappy]

One would hope a company like Disney would have hard guidelines RE: managers ordering back to work either employees who tested positive or those ordered to quarantine.

 

[Coffee66]

Was anyone forced to visit Disney in this hypothetical situation?

Laugh out loud. Believe me if an ambulance chasing attorney could make this happen were all in trouble.

 

[Captain Morgan Sparrow]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts? Just something I have been pondering as I watch/ read the news. I also wonder if an organization who held a large sporting event/ conference could be held liable if there turned out to be an outbreak associated with that event.

Other will be negligence, that Disney willfully worked CM who are sick or let visitors in who showed symptoms into the park.

The legal standard for a negligence claim would be 1) Disney has a duty of care to their guests, 2) Disney has breached that duty of care, and 3) that breach of care caused damages to their guests. There is no intentionality to this.

Lets look at each of these in turn...

1. Disney has a duty of care to their guests - under Florida law, a theme park or hotel guest is considered an invitee, which means they owe the highest duty of care. Specifically, they must (1) to use reasonable care in maintaining the premises in a reasonably safe condition, AND (2) to give the invitee warning of concealed perils which are or should be known to the landowner, and which are unknown to the invitee and cannot be discovered by him through the exercise of due care. Must an area be caronavirus free to be deemed reasonably safe? What would constitute reasonable care in keeping it caronavirus free? These would be jury questions. Depending on the facts, Disney would want NO PART of that (especially the news headlines of guests suing for caronavirus infections).

2. Disney has breached that duty of care - this is also a fact question for a jury and would depend on the extent of the spread of the virus, and what actions Disney has taken to protect their paying customers. Again, Disney would want no part of a jury ruling on this, and more importantly, they would want no part of media coverage of this trial either.

3) that breach of care caused damages to their guests - this one is actually harder. You would have to prove that you got the virus from Disney World, and not from the airport, or from work the week before. If it was really that widespread, this would severely weaken the case.

Now, given all these factors, you would have to look at the comparative negligence of the guest. Florida state law is whats called a "comparative negligence" jurisdiction, which means, if a jury found that your damages were $100, but you licking the lampposts caused you to be 50% responsible for your own damages, your recovery would be reduced by that much. With so little (relatively) known about the transmission rates and process, it is difficult to say whether there would need to be significant contributory negligence to catch this. Time will tell, but again - Disney wouldnt want to be that guinea pig, nor would it want the headlines from that trial.

In short, a claim against Disney would likely have some merit to it. It would get you in front of a jury, which is what all deep pocketed defendants dont want. Plus, the sheer number of exposed guests with a claim would make it seem prohibitive to risk that.

If this thing continues, my best guess is that from a legal liability standpoint, Disney World will shutter for a time. Rest assured it will reopen, but they would have a serious financial interest in doing everything possible to keep potential guests from contracting caronavirus in their parks and resorts.

Anyone more versed on Florida personal injury law, feel free to shred this apart.

 

[LaurenT]

Wish I had rented points from you Unfortunately I rented through the DVC rental store and they are taking a very hard nosed approach telling me that if the parks close I am SOL. The owner of the points seems to be some type of property company so I'm sure they would be similarly hard nosed.

I would make sure they know that you’ll be earning everyone not to do business with them because they can’t be trusted to do the right thing.

 

[DisneyGirlMI]

Would this be any different than the flu? I am sure numerous people have gotten sick at Disney but they don't close for that. I know I have gotten sick after a Disney trip. Not the flu but still.

Exactly! We got norovirus once at Disney. Now that is nasty, but I sure didn’t blame Disney. It’s the fault of the people that come into the parks sick. If Disney closed every time there was an outbreak of something, they would literally be closed every winter.

 

[Thecouch]

I think dance and cheerleading comps are the ones to watch for. Seems a few conferences have been cancelled. I'm guessing they won't want a big group of kids stuck if there was a outbreak. I think there will be large drop outs from them as there teams won't want to be responsible for any kids getting sick. If they did cancel the comps I could see all star sports closed for those weekends

 

[focusondisney]

Question. Could Disney be held legally liable if someone caught the virus from their parks? As in, they had large outbreaks in the area of the parks, CM's had tested positive, and they chose to NOT close the parks and/ or ignored pressing data that was leading one to believe that they were knowingly putting guests at risk of illness. Thoughts?

Well, a screener at LAX has tested positive; people traveling might be positive. There’s no talk of closing the airport, so does that mean the transit authority is legally liable if anyone else gets it because the chose to keep the airport open???

 

[Remy is Up]

Well, a screener at LAX has tested positive; people traveling might be positive. There’s no talk of closing the airport, so does that mean the transit authority is legally liable if anyone else gets it because the chose to keep the airport open???

Same goes for the Tampa Airport. A person who went elsewhere and tested positive went through the airport, got on a plane, etc etc. So is the Airport held accountable because someone sick used the airport?

 

[bobbiwoz]

If the parks are closed, does that mean the resorts ( accommodations) would be closed?

 

[focusondisney]

If the parks are closed, does that mean the resorts ( accommodations) would be closed?

Since this has never happened before & is all speculation, no one knows the answer. When the parks have closed, briefly, for 9/11 & hurricanes, the resorts stayed open. They were already full with guests who had nowhere else to go. So they could not close. When travel stayed low for a prolonged time after 9/11, Disney did close resorts or sections of them. But that was due to low bookings, not Disney purposely closing them. This is all speculation & poster‘s made up scenarios. So your guess is as good as anyone else’s.

 

[TwoMisfits]

If this truly becomes a pandemic ala 1918-1919, all bets for everything are off...b/c Disney was not open during that time. We are not there yet, not by a long shot, but info we thought we knew (like kids/babies don't really get infected) is starting to be disproved, so who knows where we'll be in a month...and what decisions will be made with the best info at the time...

 

[Kitty & Covs Covs]

I think dance and cheerleading comps are the ones to watch for. Seems a few conferences have been cancelled. I'm guessing they won't want a big group of kids stuck if there was a outbreak. I think there will be large drop outs from them as there teams won't want to be responsible for any kids getting sick. If they did cancel the comps I could see all star sports closed for those weekends

If this happened, would they transfer non-competition, non-cancelling guests to another resort?

 

[ChipnDale79]

I wonder if WDW and DLR are seeing a lot of cancellations.

We've canceled our cruise out of caution.