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  1. #31

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

    why is there no surveillance video of the event? dont they pretty much have them everywhere? Ample surveillance is part of loss prevention exactly for cases like these.
    Last edited by hyperskreem; 04-02-2011 at 09:17 PM.

  2. #32

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

    Jeese, who do they think they are? How is this Disney's fault in any way, shape or form?
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  3. #33

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

    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.
    Easily. Let's use the McDonald's coffee case as a point.

    For some reason, EVERYONE thinks that the plaintiff in that case spilled coffee on herself by being careless. That's not what happened. McDonald's served the coffee so hot it compromised the structural integrity of the coffee cup. In short, the coffee burnt right through the cup, spilling on the plaintiff. If I remember correctly, coffee is usually served around 110-120 degrees. This McDonald's served it somewhere between 130-140 degrees.

    Can these parents have a valid case? Yes. The cheese could have been unreasonably hot. There are a lot of other factors to take into consideration, but calling the parents irresponsible or ignorant is extremely unfair without more facts.

  4. #34

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

    Quote Originally Posted by DJM View Post
    Can these parents have a valid case? Yes. The cheese could have been unreasonably hot. There are a lot of other factors to take into consideration, but calling the parents irresponsible or ignorant is extremely unfair without more facts.
    You have a point but as long as you're talking facts, here is a fact....

    Any parent serving food to their child, regardless of where it was prepared (at home or from a theme park kitchen) has a responsibility to see that the food is safe for their consumption. If they prepared a bowl of oatmeal from their own stove for the child, the parent is expected to be certain that it is at a safe serving temperature. The responsibility isn't just magically lifted just because someone handed them a container of hot cheese from the WDW food window that they didn't make themselves.
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  5. #35

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

    Quote Originally Posted by Ortizmo2000 View Post
    You have a point but as long as you're talking facts, here is a fact....

    Any parent serving food to their child, regardless of where it was prepared (at home or from a theme park kitchen) has a responsibility to see that the food is safe for their consumption. If they prepared a bowl of oatmeal from their own stove for the child, the parent is expected to be certain that it is at a safe serving temperature. The responsibility isn't just magically lifted just because someone handed them a container of hot cheese from the WDW food window that they didn't make themselves.
    If the parents failed to act as reasonable parents, then they either lose or damages are mitigated depending on the facts (and they'll become clear as time passes).

    But your analysis is lacking as it puts the entire burden on the parents. Your analysis leads to the conclusion that Disney, or any other corp., can serve you highly dangerous food but will not be responsible if patrons do not test food first.

    It is more unreasonable for Disney to serve dangerously hot food and have a broken chair than it is for parents to not test every single piece of food that goes on their child's mouth. Disney, in part, is in the business of selling food. It is reasonable for a parent to believe that food is safe. It is also reasonable to assume that food is safe for young children since Disney is frequented by very young children every day.

    Now that I think about it, parents are under no responsibility, legally or otherwise, to test their children's food. The question is if they gave their child something unreasonable to begin with (i.e. beer, alcohol, food difficult to digest for a still developing digestive system, etc.). Does nacho cheese fall into that category? Probably not.
    Last edited by DJM; 04-03-2011 at 02:50 PM.

  6. #36

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

    Quote Originally Posted by DJM View Post
    Easily. Let's use the McDonald's coffee case as a point.

    For some reason, EVERYONE thinks that the plaintiff in that case spilled coffee on herself by being careless. That's not what happened. McDonald's served the coffee so hot it compromised the structural integrity of the coffee cup. In short, the coffee burnt right through the cup, spilling on the plaintiff. If I remember correctly, coffee is usually served around 110-120 degrees. This McDonald's served it somewhere between 130-140 degrees.

    Can these parents have a valid case? Yes. The cheese could have been unreasonably hot. There are a lot of other factors to take into consideration, but calling the parents irresponsible or ignorant is extremely unfair without more facts.
    I was debate adding to this thread until I saw this one. I am coffee drinker, and I will tell you point blank - anyone serves me coffee at 110 to 120 degrees, I'm handing it back, that is simply tepid. 130 to 140 is not much better, and would not compromise the structural integrity of any coffee cup. That cup could have been faulty, but there would be no way MickeyD's would know that... Most coffee is actually served and between 165 and 180, and the cups are tested well beyond that point. The plaintiff in that case stupidly put a hot cup of coffee between their legs and managed to split it. Not a manufacturers issues, but in our litigious society... Well...

    As for this hot cheese case, I've yet to find an article which provides enough information to determine who is really at fault. If someone has such a link, I'd certainly like to look at it. For all the parents who claimed they are always aware and watching their children and would never have let this happen, all I can is bull. I have raised two daughters, who as toddlers were pretty well behaved, and I have always been and attentive parent - particularly in public. I can tell you from personal experience that it only takes a distraction of a few second to allow them to get into trouble. And for Disney, we don't know the conditions at the time, there may have been something Disney could have or should have done differently to avoid this accident.

    It's fun to sit here and make assumption that we know what happened, but, it's really hard to do with such limited details

  7. #37

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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.
    There's a ton of really awful people out there, but the fact that there's a child with 3rd degree burns on their face already puts this case in a different category. It could still be frivolous, but it's not like the parents are only suing for emotional distress or other damages which are hallmarks of frivolous lawsuits. There's a clearly identifiable substantial injury.

    Not directed at anyone in particular, but there's been a lot of really awful things said about the parents here. I wonder if any of you, so willing to attack these parents that you don't know, will be willing to apologize if the parents have a valid case?

    As it stands, the attacks are being made with no evidence. The attacks are already reprehensible.

  8. #38

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

    Quote Originally Posted by Second Star View Post
    I was debate adding to this thread until I saw this one. I am coffee drinker, and I will tell you point blank - anyone serves me coffee at 110 to 120 degrees, I'm handing it back, that is simply tepid. 130 to 140 is not much better, and would not compromise the structural integrity of any coffee cup. That cup could have been faulty, but there would be no way MickeyD's would know that... Most coffee is actually served and between 165 and 180, and the cups are tested well beyond that point. The plaintiff in that case stupidly put a hot cup of coffee between their legs and managed to split it. Not a manufacturers issues, but in our litigious society... Well...

    As for this hot cheese case, I've yet to find an article which provides enough information to determine who is really at fault. If someone has such a link, I'd certainly like to look at it. For all the parents who claimed they are always aware and watching their children and would never have let this happen, all I can is bull. I have raised two daughters, who as toddlers were pretty well behaved, and I have always been and attentive parent - particularly in public. I can tell you from personal experience that it only takes a distraction of a few second to allow them to get into trouble. And for Disney, we don't know the conditions at the time, there may have been something Disney could have or should have done differently to avoid this accident.

    It's fun to sit here and make assumption that we know what happened, but, it's really hard to do with such limited details
    My numbers are way off then, and that's fine. I do know, from the fact, that the coffee did ruin the structural integrity of the cup because the coffee was too hot. Whatever temperature that is, I don't know. My apologies for having the number incorrect. I do believe someone previously provided a link with an article about the case. In short, it was not frivolous and demonstrative of how dangerous food can actually be.

  9. #39

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

    Quote Originally Posted by DJM View Post
    My numbers are way off then, and that's fine. I do know, from the fact, that the coffee did ruin the structural integrity of the cup because the coffee was too hot. Whatever temperature that is, I don't know. My apologies for having the number incorrect. I do believe someone previously provided a link with an article about the case. In short, it was not frivolous and demonstrative of how dangerous food can actually be.
    Since I couldn't remember all the facts from the McDonalds case I had to go looking, I found this as being facts from the that case:

    The Actual Facts about the Mcdonalds' Coffee Case

    I can't find anything about cup integrity in this link. But I do know that styrafoam cup flex enough that I would never put a cup between my knee with anything in it, and expect to pull the lid off with spilling some of the contents. That's probably why the judge reduced the jury awards in this case.

    Again as for the hot cheese case, I do like what said about the parents in our comment above.

  10. #40

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

    Quote Originally Posted by Ortizmo2000 View Post
    You have a point but as long as you're talking facts, here is a fact....

    Any parent serving food to their child, regardless of where it was prepared (at home or from a theme park kitchen) has a responsibility to see that the food is safe for their consumption. If they prepared a bowl of oatmeal from their own stove for the child, the parent is expected to be certain that it is at a safe serving temperature. The responsibility isn't just magically lifted just because someone handed them a container of hot cheese from the WDW food window that they didn't make themselves.

    i agree.

    and no i would not say sorry to the parents if the court accepted their case, i do not say sorry to people who do idiotic things to cause damage to their own children.

  11. #41

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

    Quote Originally Posted by Poisonedapples View Post
    i agree.

    and no i would not say sorry to the parents if the court accepted their case, i do not say sorry to people who do idiotic things to cause damage to their own children.
    Can you tell me one articulate fact that demonstrates the parents are idiotic? Naming the injury is insufficient. Something to the effect of "the parents left their child unattended for 15 minutes." Any fact at all?

    If not, then you just enjoy calling people names. Very sad. You've made up your mind, facts be darned!

  12. #42

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

    Quote Originally Posted by DJM View Post
    If the parents failed to act as reasonable parents, then they either lose or damages are mitigated depending on the facts (and they'll become clear as time passes).

    But your analysis is lacking as it puts the entire burden on the parents. Your analysis leads to the conclusion that Disney, or any other corp., can serve you highly dangerous food but will not be responsible if patrons do not test food first.

    It is more unreasonable for Disney to serve dangerously hot food and have a broken chair than it is for parents to not test every single piece of food that goes on their child's mouth. Disney, in part, is in the business of selling food. It is reasonable for a parent to believe that food is safe. It is also reasonable to assume that food is safe for young children since Disney is frequented by very young children every day.

    Now that I think about it, parents are under no responsibility, legally or otherwise, to test their children's food. The question is if they gave their child something unreasonable to begin with (i.e. beer, alcohol, food difficult to digest for a still developing digestive system, etc.). Does nacho cheese fall into that category? Probably not.

    Again, the parents could have done something wrong, but you've failed to show what that is yet continue to attack them.

    So basically your position is this.....

    Parent: I didn't make the food that I intended to serve to my child, so I'm not responsible for seeing if it is too hot for them to eat. If I did make the food myself, I would be...but I didn't, so I'm not.


    I'm sorry but I just don't see the logic in that. And I personally have not attacked anyone.
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  13. #43

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

    Quote Originally Posted by Ortizmo2000 View Post
    So basically your position is this.....

    Parent: I didn't make the food that I intended to serve to my child, so I'm not responsible for seeing if it is too hot for them to eat. If I did make the food myself, I would be...but I didn't, so I'm not.


    I'm sorry but I just don't see the logic in that. And I personally have not attacked anyone.
    My position is that you must use all the facts available. First, the child did not eat the food nor was he attempting to, making your points moot. He spilled food on his face after trying to stabilize himself because the chair was wobbly. This case, if it happened as stated, has nothing to do with whether the nacho cheese was eaten. The root cause is a faulty chair.

    Parents sue over son's hot nacho cheese injury at Disney World - USATODAY.com

    There's a picture of the child in that link. Does normal nacho cheese cause that type of injury? No way. I've had nacho cheese sprayed directly on my face due to a faulty dispenser at 7-11 once. Extremely painful....no burns, let alone 3rd degree burns.

    Correct me if I'm wrong, but your position is that the liability is completely on the parents, which is absurd. That would mean any corp. can serve unreasonably dangerous food because the parents must check the food. That's crazy. And note, we're not just talking about really hot food, we're talking food so hot it permanently disfigures which is absolutely crazy. There's absolutely no reason why it should be that hot, at all.

    Is it unreasonable for a family to assume that food from Disneyland will be safe to consume, and, if not, would cause severe disfiguring injuries? Absolutely not. When I eat my kosher pickle at DL, I reasonably assume that there's no human eyeball or shards of glass in it. If those items did appear in it, and I eat it, it's my fault for not checking?!?! Again, that's moot but your point is illogical. DL's duty to serve reasonably safe food, as outlined by law and statute, outweighs any non-delineated duty I have to check every piece of food served to me (unless the dangerous condition is patently obvious and I still choose to eat it, but that's not what happened here).

    The two major points here are: 1) wobbly chair; 2) cheese so hot it caused 3rd degree burns.

    Both conditions are unreasonable and it is perfectly reasonable for parents to assume these specific conditions (i.e. broken chair and cheese so hot it permanently disfigures) do not exist. The parents are not suing because the cheese was too hot for their child, they're suing because it was so hot it caused permanently disfiguring injuries. This distinction is very important. Again, it's important to note that the contact with the food was inadvertent.

    My apologies if I stated that you attacked the family and did not. Did not mean to do that. I'm just very saddened at some people that are so willing to throw around baseless ad hominem attacks. I probably got you confused with someone else. Again, deepest apologies for that. My post with that statement has been edited to remove that statement.
    Last edited by DJM; 04-03-2011 at 02:49 PM.

  14. #44

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

    Quote Originally Posted by DJM View Post
    My position is that you must use all the facts available. First, the child did not eat the food nor was he attempting to, making your points moot. He spilled food on his face after trying to stabilize himself because the chair was wobbly. This case, if it happened as stated, has nothing to do with whether the nacho cheese was eaten. The root cause is a faulty chair.

    Parents sue over son's hot nacho cheese injury at Disney World - USATODAY.com

    There's a picture of the child in that link. Does normal nacho cheese cause that type of injury? No way. I've had nacho cheese sprayed directly on my face due to a faulty dispenser at 7-11 once. Extremely painful....no burns, let alone 3rd degree burns.

    Correct me if I'm wrong, but your position is that the liability is completely on the parents, which is absurd. That would mean any corp. can serve unreasonably dangerous food because the parents must check the food. That's crazy. And note, we're not just talking about really hot food, we're talking food so hot it permanently disfigures which is absolutely crazy. There's absolutely no reason why it should be that hot, at all.

    Is it unreasonable for a family to assume that food from Disneyland will be safe to consume, and, if not, would cause severe disfiguring injuries? Absolutely not. When I eat my kosher pickle at DL, I reasonably assume that there's no human eyeball or shards of glass in it. If those items did appear in it, and I eat it, it's my fault for not checking?!?! Again, that's moot but your point is illogical. DL's duty to serve reasonably safe food, as outlined by law and statute, outweighs any non-delineated duty I have to check every piece of food served to me (unless the dangerous condition is patently obvious and I still choose to eat it, but that's not what happened here).

    The two major points here are: 1) wobbly chair; 2) cheese so hot it caused 3rd degree burns.

    Both conditions are unreasonable and it is perfectly reasonable for parents to assume these specific conditions (i.e. broken chair and cheese so hot it permanently disfigures) do not exist. The parents are not suing because the cheese was too hot for their child, they're suing because it was so hot it caused permanently disfiguring injuries. This distinction is very important. Again, it's important to note that the contact with the food was inadvertent.

    My apologies if I stated that you attacked the family and did not. Did not mean to do that. I'm just very saddened at some people that are so willing to throw around baseless ad hominem attacks. I probably got you confused with someone else. Again, deepest apologies for that. My post with that statement has been edited to remove that statement.
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  15. #45

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

    Quote Originally Posted by DJM View Post
    Can you tell me one articulate fact that demonstrates the parents are idiotic? Naming the injury is insufficient. Something to the effect of "the parents left their child unattended for 15 minutes." Any fact at all?

    If not, then you just enjoy calling people names. Very sad. You've made up your mind, facts be darned!

    First of all they did not check the hot sauce to see if the temperature was OK to give to the kid, second any parent like it's been said before would check before giving it to a their kid.. and 3rd you don't report that your kid got 2nd degree burns from cheese sauce a year later after the fact, who knows maybe those scars are not from the cheese sauce. The point is that they finally got around to suing Disney and reporting that the hot cheese sauce ONE YEAR LATER. I would of done it right away, but then again I would of also checked the cheese sauce to see what the temp was before giving it to my kid...



    Quote Originally Posted by Ortizmo2000 View Post
    So basically your position is this.....

    Parent: I didn't make the food that I intended to serve to my child, so I'm not responsible for seeing if it is too hot for them to eat. If I did make the food myself, I would be...but I didn't, so I'm not.


    I'm sorry but I just don't see the logic in that. And I personally have not attacked anyone.

    i don't see it either. whether they made the sauce themselves or not they are still responsible because it's their kid..but seeing that the cheese sauce was hot they should of checked it before giving it to the kid, and or put the sauce away from the kid and his wobbly chair, that would of prevented it from flying into his face...

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