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  1. #16

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by Mr Wiggins View Post
    Your anecdotal evidence that some (or even many) parents are idiots has no connection to the Nacho Cheese lawsuit.
    That's true. The fact that some parents are idiots has nothing to do with the fact that the plaintiff in this case is an idiot.

  2. #17

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by clara View Post
    yeah...the answer to that would be because the parents were not watching their out of control spawn.

    And this is coming from a MOTHER so don't throw the "you aren't a parent" crap at me. I take responsibility for my kid in public. These kinda lawsuits where children are not properly watched by parents really just blow my mind.
    they were not watching the kid from what i understand and have read, or they were but they didn't pay attention enough.. does that make sense!?

    Quote Originally Posted by nunz View Post
    We had discussed this on the DIS and someone reported that the boy had been at one of those awfully wobbly tables which flipped when the boy leaned on it, causing the sauce to spill over the boy's face. If this is true and the parents reported it right away, then Disney should do something, but it all remains to be seen.
    i think the article says that the table was not stable. But still.. it HOT nacho cheese sauce, i mean those cups of cheese come with a warning on them!

    Quote Originally Posted by HKDLFAN View Post
    Say what? I had to read the title of this thread 3 times over to understand what happened.

    These lawsuits are getting more and more lame by the month.
    I agree! LOL


    This paragraph
    In their suit, filed in California district court on Wednesday, parents Michael and Maria Harris said they were eating dinner at Disney World while on vacation in March when the cheese was spilled on their son's face.
    it says in march, the article came out February of this year, so a whole year went by and then the parents decided to sue because he got scaring. I would think that the scaring would of showed up even a week after the incident.And if the table was unstable, well then this incident is the parents fault! They should of put the tray at the other end of the table or another table away from the kid if the cheese was *that* hot!
    Last edited by Poisonedapples; 03-24-2011 at 12:23 PM.

  3. #18

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    As a father of three, i always makes sure that i check my youngest sons food to make sure that it is not hot enough for him to be around.

    I'm sorry but these parents should know nacho cheese could be hot, they should have checked it first befor handling over a hot plate to the child

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese



    They used to drop nacho cheese on Charlie back in the 'Nam. They did it because it would stick and burn.




    "I love the smell of nacho cheese in the morning....."

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Maybe they should have been watching their kid rather than expecting Disney World to babysit while their kid falls off a chair

  6. #21

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Wow. I am just astounded at some of the remarks in this thread.



    Quote Originally Posted by lionheartkc View Post
    And how does a child get hot nacho cheese in a position to spill it on his face???

    I'm so tired of parents trying to spin their lack of control over their kids into a fast pay day, or a litiguos way of trying to make themselves feel better for not looking after their kids.

    I hope the judge throws the case back in their face and puts them in their place in the process.
    The child was 4 years old at the time which means his nose and mouth probably just came up to the height of the table top when he was sitting in the chair. The chair was wobbling and he meant to grab the table to steady himself but grabbed the tray that had the nachos on it by accident which resulted in the cheese spilling on him. It probably happened so fast that his parents weren't able to stop the accident from occurring. And yet you've jumped to the conclusion that the parents must have had a lack of control over their child.

    The child suffered 2nd and 3rd degree burns and had to be taken to the hospital. To get burns that bad the cheese had to have been not just hot, but scalding hot . Considering that the cheese was that hot and that the chair was broken , Disney World may just be at least partly responsible in two different ways for the injuries to the boy.

    The boy had to be taken to the hospital and he is still suffering from the injuries 11 months later. I think the parents have a legitimate case.





    Quote Originally Posted by clara View Post
    yeah...the answer to that would be because the parents were not watching their out of control spawn.

    And this is coming from a MOTHER so don't throw the "you aren't a parent" crap at me. I take responsibility for my kid in public. These kinda lawsuits where children are not properly watched by parents really just blow my mind.
    I thought you were joking at first.

    The parents may very well have been properly watching their son. They just didn't expect nacho cheese to be that hot or for the chair to be broken.



    Quote Originally Posted by nunz View Post
    We had discussed this on the DIS and someone reported that the boy had been at one of those awfully wobbly tables which flipped when the boy leaned on it, causing the sauce to spill over the boy's face. If this is true and the parents reported it right away, then Disney should do something, but it all remains to be seen.
    I agree.



    Quote Originally Posted by stevo505 View Post
    Why did the parents let him have hot nacho cheese in the first place?
    Parents let their children have hot food all the time. I don't think every parent tests every single bite of food that their children eat.


    If the parents had just barely set the tray on the table and the child had just barely been seated , there's a good possibility that the parents hadn't even had time to observe that that the cheese was way too hot.

    For food to cause 2nd and 3rd degree burns , it has to be at over 160 degrees. I think a better question is what was an employee doing serving cheese that hot at a restaurant full of parents with small children.

    Quote Originally Posted by Koutesu View Post
    So what happens at home when mom or dad heats up lunch for the child and he burns himself on the food mom or dad heat up for him?
    That's different because the parents cooked the food. In this case , an employee cooked the food and served the food.

    Quote Originally Posted by HKDLFAN View Post
    Say what? I had to read the title of this thread 3 times over to understand what happened.

    These lawsuits are getting more and more lame by the month.
    I don't think it's lame. The child was severely injured. If you went to a restaurant, sat down to eat , and your chair broke causing you to tip over your table and some food or drink spilled on you that was so scalding hot that you received 2nd and 3rd degree burns and permanent scarring, I think you might be filing a lawsuit too, especially if the burns were on your face.

    Quote Originally Posted by twobluestripes View Post
    did he have to go straight to first aid and then the hospital (in an ambulance) right after it happened? that would be the only reason this might even be valid.
    and how is wobbly tables and hot nacho cheese not something you encounter throughout your life on a semi-daily basis? you can't sue every restaurant that has poorly maintained tables (they might not even know when one is tippy) or force them to keep their food lukewarm (then people will really get mad and sue over cold or undercooked food).

    you CAN watch your kid to make sure he's not messing with the table enough to tip it over (it weighs more than him most likely, so he's gotta be leaning or pounding on it pretty hard) and can keep hot food out of kiddy's reach until it cools enough for them. I mean, 4 years old is an age where you don't take your eyes of your kid, I remember my brother at that age was a terror.

    you can't watch your kid all the time every second, as most parents know, but theme parks are important places to be on your A game with the little ones. it might take teamwork with other adults and even older siblings. i love hearing responses from all the responsible and prepared parents here on mice chat!!
    Yes, he had to go to the hospital.


    This is a 4 year old who is still fairly new in the world. Maybe he had never encountered a wobbly chair before which is why he was trying to grab the top of the table to steady himself which is what most people would do. Maybe he had never had nachos before or had only had nacho cheese that was served lukewarm to hot .


    Why do you assume the parents were the negligent ones when clearly the cheese was too hot and the chair was probably broken.

    I am a manager at a restaurant and I check the temperature of foods constantly. I also check to make sure my employees are pouring and serving things like hot soup correctly so as to not burn themselves or a customer. The chairs and tables in my restaurant are checked on a weekly basis to make sure they are not broken. Our customers are mainly senior citizens who are a lot like small children so you better believe I and everyone else are watching out for their safety at all times.

    Quote Originally Posted by DLandFansAZ View Post
    They sue the microwave manufacturer for not properly educating them that when you put food in a microwave and press start the food will heat up. Simple logic, nothing is your fault when you can blame someone else for your mistakes.
    So it's the parent's fault that the chair was broken which is the reason why the child was trying to grab the table top and grabbed the tray by accident? And it's the parent's fault for not knowing that the cheese was a much hotter temperature than it should have been?

    Quote Originally Posted by zipadeedoodahgirl View Post
    I see many thing wrong with this lawsuit,

    1. It's nacho cheese, its supposed to be hot.
    2. They should've been watching their kid.
    3. At least it was just hot cheese and not boiling water or oil.
    4. They also would've gotten mad if the cheese wasn't hot enough.
    5. Whatever happened to, "let it cool for a while?"
    6. I don't think anyone can get horribly burned by hot cheese. I've burned myself on a convential oven and a stove light that was on all day. They hurt, but they weren't horrible. Just try to keep it cool, get some ice, and disinfect. Maybe even use the stuff for getting rid of sunburns.
    7. Every dining place I have ever been to has at least a few wobbly tables.
    8. I've been burned by hot foods so many times as a kid (I was a pretty dumb kid ) and I'm not emotionally distressed or traumatized.

    I feel I've made my point.
    1. Hot, not scalding hot.
    2. What makes you think they weren't watching their kid?
    3. The same temperature water wouldn't have been as bad. Cheese is stickier so it was on the child's skin longer causing a worse burn.

    4. How do you know they would have gotten mad if the cheese wasn't hot enough?

    5. They were just barely sitting down to eat. They didn't even have time to see if the cheese was too hot or say "let it cool for a while."

    6. Someone can get severely burned by food that is over 160 degrees. In fact , this child DID get severely burned. Have you seen the picture of his lip and the area above it? I suspect that you've only had first degree burns in your lifetime.

    7. Restaurant managers and other employees should take care of wobbly tables and chairs. They are accidents waiting to happen.

    8. Do you have permanent scars on your face from the burns? Did you get burned at a place that calls itself "The Happiest Place on Earth?" This child went on what was supposed to be a fun family vacation at a place that boasts its great safety record and ended up with a very bad injury which Disney may at least be partly responsible for.














    Quote Originally Posted by ryran75 View Post
    I maintain that you must have a license, pass an exam and psychological evaluation to have children.


    So I definitely believe that nacho cheese burns are sadly probably an everyday, (unusual to 'us'...yes) run of the mill lawsuit for WDW. Some ignorant people will do whatever they can to get money out of the park when very clearly it's a laughable case.
    A burn to the roof of the mouth which heals a couple of days may happen every day. 2nd and 3rd degree burns which result in a hospital trip, permanent scarring and on going medical treatment from nacho cheese are probably not every day occurrences.

    Quote Originally Posted by RiversOfAmerica View Post
    In order for the plaintiff to win this suit, it would have to be demonstrated that there was a reasonable negligence on the part of Disney. The only way that could be done is to prove that the nachos were prepared or served in a manner in which a reasonable person would not expect them to be served. I can't by any stretch of my imagination think how that burden of proof would be met.
    I think the proof is the temperature it takes to cause those degrees of burns. Why was the cheese that hot? Was it in a pot with the temperature up too high? Did an employee heat the cheese in a microwave not knowing the amount of time or temperature it should be heated?




    Quote Originally Posted by Mr Wiggins View Post
    Your anecdotal evidence that some (or even many) parents are idiots has no connection to the Nacho Cheese lawsuit. Given the information available to the public, it is in no way "clear that this is a laughable case" -- that is purely your assumption. Whether or not this case is in fact laughable, and these parents are "trying to get money out of the park," will become clear in due course.

    (Your assumption that "people who do whatever they can to get money out of the park" also are "ignorant" ignores other motivations, but that's a discussion for another thread.)
    Thank you. I 'm astounded at how many people are attacking the parents of this child and blaming them . I have four children who I have watched closely all their lives and they have still managed to hurt themselves in one way or another. One of my daughters even hurt herself while I was holding her hand because she slipped so suddenly and unexpectedly that she pulled me down with her and I couldn't prevent her from getting hurt.



    Quote Originally Posted by Poisonedapples View Post


    i think the article says that the table was not stable. But still.. it HOT nacho cheese sauce, i mean those cups of cheese come with a warning on them!



    This paragraph it says in march, the article came out February of this year, so a whole year went by and then the parents decided to sue because he got scaring. I would think that the scaring would of showed up even a week after the incident.And if the table was unstable, well then this incident is the parents fault! They should of put the tray at the other end of the table or another table away from the kid if the cheese was *that* hot!
    Most 4 year olds can't read.

    So if you sit at an unstable table at a restaurant and something that shouldn't be scalding hot spills on you gives you 2nd and 3rd degree burns, you're going to blame yourself right even if this all happens in just a few seconds?



    Quote Originally Posted by Baloo View Post

    I'm sorry but these parents should know nacho cheese could be hot, they should have checked it first befor handling over a hot plate to the child
    Did they hand it to him or just set it on the table while he got seated ? Maybe I am giving these people too much benefit of the doubt, but I feel that everyone else just wants to blame them and chalk this up to greed on their part.
    Last edited by Princess Buttercup; 03-27-2011 at 09:29 PM.

  7. #22

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by ryran75 View Post
    I maintain that you must have a license, pass an exam and psychological evaluation to have children.

    I saw "numerous" irresponsible and irritating parents at MK yesterday. What kind of environment are they raising their children in?

    One adult 'took' his toddler out of her seat at Stitch's Great Escape and placed her on the shoulder bar in the middle of the show. A CM approached him with a flashlight and he simply laughed.
    Another parent (an upwardly mobile sort) screamed vulgarities at her 9 or 10yr old girl for accidentally 'tapping' her with the swinging metal entrance gate at the ferryboat entrance. The child apologized and the mother used every cuss word in the book. When the husband tried to placate her and tell her it was a simple mistake...she stormed off,..saying " 'F' all of you, this is MY day and I don't need a little *itch to hit me". Wow.

    While in line for Jungle Cruise, a father complained about standing (in a 15 min. line) and told his kids to 'cut to the front' to find him a good spot on the boat. The kids cut in front of people, and the CM politely engaged them in fun conversation but made them aware that they would have to wait in line. The father was infuriated and began to mock the CM from where he was standing.

    I laughed when my Mom looked directly at two of these people, grinned wide, and said "Have a Disney day!!".

    So I definitely believe that nacho cheese burns are sadly probably an everyday, (unusual to 'us'...yes) run of the mill lawsuit for WDW. Some ignorant people will do whatever they can to get money out of the park when very clearly it's a laughable case.
    I hate when the bratty kids enter the park. Disneyland is supposed to be a magical place, but they remind you of the long lines, not-so-thrilling rides, and the overly expensive food. I especially hate when you want to meet a character, and there's a small person in front of you. He'll end up freaking out at the front of the line because the character looks "too scary" or it's "too big." They should make up their minds before getting in line. It probably hasn't happened to you, but it's happened to me. It sucks.
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  8. #23

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    I agree with Princess Buttercup. The child sustained third degree burns (as a reminder, a third degree burn is a burn through the epidermis and the dermis. Skin cannot grow back over a third degree burn) as a result of food mishandling. The cheese should not have been hot enough to cause a third degree burn. There is no reason for the cheese to have been that hot, nor is nacho cheese typically served that hot.

    The child was seriously injured because of food handling negligence. This is no different than if an employee failed to wash his or her hands after using the bathroom, then touched a bunch of hamburger patties, contaminating them with e. coli, let them sit outside of the fridge for a couple of hours, and cooked the hamburgers at too low of a temperature to kill the e. coli bacteria. If a guest eats such a hamburger, is it their fault that they got e. coli poisoning and died because they should have known that amusement park hamburgers are iffy?

    Disney should have a policy to make sure that the food they serve is safe to eat immediately. Whether that be e. coli in their hamburgers or nacho cheese at a safe temperature, there should be guidelines in place to make sure that the food is served safely. If there are no such guidelines, Disney is negligent. If there are guidelines and cast members didn't follow them, then again, that's negligence.

    The child suffered a serious injury as determined by a doctor as a result of food mishandling. The fact that the table was wobbly is the cause of the location of the burn. Had he stuck his finger in it, he would have burned his finger. Had he just chomped down on a chip, he would have injured the inside of his mouth. Whatever the circumstances, the food was served unsafely and unnecessarily hot, since cheese isn't typically served that hot and there's no advantage to hotter cheese.

    If anyone wants to read the facts about why the McDonald's coffee incident was not a frivolous lawsuit in the least, this is a good article.

  9. #24

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    I think the suspicion comes from having seen a lot of these lawsuits in various venues that in fact do not have merit. Like a person who is in an area where they shouldn't be, and gets hurt, then sues. Or goes looking for spilled liquids, in order to slip and fall and be hurt.

    Not saying these parents are looking for a lawsuit, but it's probably awfully tempting, whether it's justified or not, to see if you can wangle a few bucks out of a company as rich as Disney is seen to be.
    I pledge allegiance to the Earth, one planet, many gods, and to the universe in which she spins.

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by alphabassetgrrl View Post
    I think the suspicion comes from having seen a lot of these lawsuits in various venues that in fact do not have merit. Like a person who is in an area where they shouldn't be, and gets hurt, then sues. Or goes looking for spilled liquids, in order to slip and fall and be hurt.

    Not saying these parents are looking for a lawsuit, but it's probably awfully tempting, whether it's justified or not, to see if you can wangle a few bucks out of a company as rich as Disney is seen to be.
    Oh, I don't disagree. I'm sure Disney gets hit with frivolous lawsuits all the time. It's just that this particular suit is not one of them.

  11. #26

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by Baloo View Post
    As a father of three, i always makes sure that i check my youngest sons food to make sure that it is not hot enough for him to be around.

    I'm sorry but these parents should know nacho cheese could be hot, they should have checked it first befor handling over a hot plate to the child
    Yes hot foods should be tested all the time before giving to any age kid!

    Quote Originally Posted by Princess Buttercup View Post





    Parents let their children have hot food all the time. I don't think every parent tests every single bite of food that their children eat.




    Most 4 year olds can't read.


    .

    No, BUT the parents can, unless they can't read either... It's a given to check hot stuff like that before giving it to a toddler or kid, just for this same reason, it can burn them! Because it was HOT cheese sauce they should of used their heads and tested it first or put the tray of cheese sauce away from him and the wobbly table!

  12. #27

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by ShelbyH View Post

    The child was seriously injured because of food handling negligence. This is no different than if an employee failed to wash his or her hands after using the bathroom, then touched a bunch of hamburger patties, contaminating them with e. coli, let them sit outside of the fridge for a couple of hours, and cooked the hamburgers at too low of a temperature to kill the e. coli bacteria. If a guest eats such a hamburger, is it their fault that they got e. coli poisoning and died because they should have known that amusement park hamburgers are iffy?



    The child suffered a serious injury as determined by a doctor as a result of food mishandling. The fact that the table was wobbly is the cause of the location of the burn. Had he stuck his finger in it, he would have burned his finger. Had he just chomped down on a chip, he would have injured the inside of his mouth. Whatever the circumstances, the food was served unsafely and unnecessarily hot, since cheese isn't typically served that hot and there's no advantage to hotter cheese.
    I agree.

    Quote Originally Posted by alphabassetgrrl View Post
    I think the suspicion comes from having seen a lot of these lawsuits in various venues that in fact do not have merit. Like a person who is in an area where they shouldn't be, and gets hurt, then sues. Or goes looking for spilled liquids, in order to slip and fall and be hurt.

    Not saying these parents are looking for a lawsuit, but it's probably awfully tempting, whether it's justified or not, to see if you can wangle a few bucks out of a company as rich as Disney is seen to be.
    The child was seriously injured. I really doubt that his parents just see this as an opportunity to wrangle a few bucks out of Disney.
    From what I've read , they tried to settle this out of court for several months with Disney people and got no where which is why they are now suing. I don't think they're asking for an unreasonable amount of money.

    If one of my children had been scarred on his or her face it would be very traumatic for our entire family and I'm sure my husband and I would be doing what we thought was fair and necessary to get things taken care of as they should.


    Quote Originally Posted by Poisonedapples View Post
    Yes hot foods should be tested all the time before giving to any age kid!




    No, BUT the parents can, unless they can't read either... It's a given to check hot stuff like that before giving it to a toddler or kid, just for this same reason, it can burn them! Because it was HOT cheese sauce they should of used their heads and tested it first or put the tray of cheese sauce away from him and the wobbly table!
    If the parents had taste tested the nacho cheese that was scalding hot, then they would be burned as well...probably on the roof
    of their mouths .

    Do you believe that nacho cheese should be served hot enough to cause a third degree burn to anyone? In my opinion , an employee was negligent for serving it that hot. If he/she had burned himself/herself on that cheese and gotten a burn of that degree that required expensive medical treatment, Disney would be paying workman's compensation to that employee. Why shouldn't a guest who got burned that badly be getting some kind of compensation?

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    The ONLY way Disney is liable is if the temperature of the cheese was ABOVE that standard for hot cheese. Also, Disney would have to have been aware that their cheese warmer was set too high or malfunctioning. (or it has to be situation that they SHOULD have been aware of) Otherwise it's just an unfortunate accident.

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by TriSarahtops View Post
    The ONLY way Disney is liable is if the temperature of the cheese was ABOVE that standard for hot cheese. Also, Disney would have to have been aware that their cheese warmer was set too high or malfunctioning. (or it has to be situation that they SHOULD have been aware of) Otherwise it's just an unfortunate accident.
    I think the first standard is easily met, given that the child undoubtedly sustained a third degree burn from overheated cheese and that is well above the standard for hot cheese. As far as the second, a restaurant has a responsibility to ensure that food is served safely, which would include checking the temperature on the cheese warmer. Hot foods in particular, since the McDonald's lawsuit did find McDonald's partly responsible for not ensuring that their coffee was at a standard temperature. If the cheese warmer malfunctioned, then the case would be a little different. Either way, the restaurant does bear responsibility for proper food handling, which could be an excellent argument in this case.

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    Re: Parents sue Disney, claim son suffered 'Severe Burns' from his Nacho Cheese

    Quote Originally Posted by Princess Buttercup View Post



    If the parents had taste tested the nacho cheese that was scalding hot, then they would be burned as well...probably on the roof
    of their mouths .

    Do you believe that nacho cheese should be served hot enough to cause a third degree burn to anyone? In my opinion , an employee was negligent for serving it that hot. If he/she had burned himself/herself on that cheese and gotten a burn of that degree that required expensive medical treatment, Disney would be paying workman's compensation to that employee. Why shouldn't a guest who got burned that badly be getting some kind of compensation?
    .. and not but A YEAR later did they actually say to the press and disney that he got second degreee burns, yes second another article says second. the point is, if my kid had cheese in his face that caused some burns i would of reported it right away to Disney.. these parents did not do this, they did this a year later when they decided to get their frivolous lawsuit underway--so is that disney's fault they it was not reported? no i think that is the parents fault.. i think by a day or two they would of seen scaring on his face.. if not they need to get their eyes checked, because any claims of minor burns to the face that caused scaring a year later is not worth a lawsuit in my book. i hope disney takes this lawsuit and sends it back right at them. and yes i know for a fact a year later that they finally came out in the open with this information that he had scaring--but a year later? Come on, i would of done it right away.. i think this family just wants to get a lawsuit to get money, and oh also read that the mother was in some financial woes last year...

    Quote Originally Posted by TriSarahtops View Post
    The ONLY way Disney is liable is if the temperature of the cheese was ABOVE that standard for hot cheese. Also, Disney would have to have been aware that their cheese warmer was set too high or malfunctioning. (or it has to be situation that they SHOULD have been aware of) Otherwise it's just an unfortunate accident.
    Disney would not sell cheese that hot. i get the "hot" nacho cheese sauce at disneyland for my preztels, the chees is barely even hot but it does say on the cup "contents are hot, caution".
    Last edited by Poisonedapples; 04-02-2011 at 12:42 PM.

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