Personal Injury Suit against Disney Will Go to Trial
Lawsuits against Disney are not new news. However, as reported by the Orlando Sentinel, the first suit for personal injury to go to trial relates to the Twilight Zone Tower of Terror ride and a stroke experienced by a Pennsylvania man twelve years ago. As one of Walt Disney World’s most sought-after attractions, conditions of the Tower of Terror are being scrutinized for overall safety, improper warnings for riders and a high-risk of severe whiplash that could injure the most healthy and spry individual.
Based on the Orlando Sentinel article, the PA man’s lawyers plan to support that he endured a tear in an artery leading to his brain as a rider on the Tower of Terror in 1998 despite being a physically vigorous housing developer. The suit alleges that the man suffered a devastating stroke only a few weeks later, which sets Disney up for questioning the plaintiff’s health and history of other or similar medical conditions.
This particular personal injury lawsuit contains several complex factors, including the fact that the suit is not accusing Disney of having a ride with defective parts or even malfunctioning qualities. Instead, the focus of the lawsuit is on the risk of whiplash and overall neglect of safety due to putting entertainment and visitor-draw first. Apparently, the suit also alleges that Disney has neglected to listen to its own safety experts’ suggestions of how the Tower of Terror should be built as well as appropriately warning visitors about safety risks. The Tower of Terror ride opened in 1994, and since then, other injury lawsuits have been filed but have not gone to trial.
Amusement Parks contain various types of rides that are required to be properly designed, tested for potential flaws or danger, and continuously monitored for rider safety. While Disney claims that the Tower of Terror actually is much slower and exerts less force on a rider’s body than many individuals believe, it is questionable whether the high speeds of the ride and sudden drops are only illusions. It is also uncertain whether or not the potential risks of the ride are fully understood by visitors due to a lack in appropriate safety warnings.
Theme park ride-injury lawsuits are not filed everyday, nor does every Pennsylvania personal injury attorney who practices personal injury law take them on. However, how these cases are handled as well as their outcomes influence the arena of personal injury litigation. They may also play a role in influencing future efforts of ensuring consumer safety through enforcing injury and wrongful death preventative measures on the part of large corporations and businesses.
