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  1. #46

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

    Quote Originally Posted by Poisonedapples View Post
    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...
    They didn't give it to their kid. It flew in the kids face due to a hidden defect in the chair. Want to try again?

  2. #47

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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 it was above the standard temperature.

    And whether Disney was aware that their cheese warmer was set too high or malfunctioning doesn't release them from the injury it caused.

    Let's say you come to my restaurant and are served a dish of ice cream with broken glass in it because I didn't know there was broken glass in it, the waitress didn't notice it when she served it and you didn't notice it before you put a bite of the icecream that contained the glass into your mouth. If you then got a serious cut in your mouth , throat or stomach that required a lot of expensive medical treatments , would you accept that it was in no way the fault of my restaurant since both I and the waitress didn't know?

  3. #48

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

    Quote Originally Posted by Poisonedapples View Post

    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!
    Are you absolutely positively sure that they knew the table was wobbly when they set the tray on it? And....I've read that it was the chair, not the table that was wobbly.

  4. #49

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

    i have heard both ways that it was chair, then i heard it was table, then i read it was table, then i read it was chair.. so who knows what is wobbly, see that is what the media does it blows things out of porportion. no but what i meant in that statment was not really about the chair or table, but if the parents new it was super hot and you knows kids can get grabby--then they should put the hot cheese sauce away from the kid until it was cool enough to give to him, i'm sure they had no idea the table or chair was wobbly, but as i read it grabbed the tray and that is how the cheese ended in his face-like i said IF the parents knew the cheese was hot why didn't they put the tray and cheese sauce away from the kid..and if they didn't know it was that hot, then why the heck didn't they taste test it themselves? that is the underlining question. like it's been said before they should of checked the temp themselves, most parents do, i do all the time just because you never know

  5. #50

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

    Quote Originally Posted by DJM View Post
    They didn't give it to their kid. It flew in the kids face due to a hidden defect in the chair. Want to try again?

    yes i know that. my point is if the parents new it was super hot and you knows kids can get grabby--then they should put the hot cheese sauce away from the kid until it was cool enough to give to him, i'm sure they had no idea the table or chair was wobbly, but as i read the kid grabbed the tray and that is how the cheese ended in his face-like i said IF the parents knew the cheese was hot why didn't they put the tray and cheese sauce away from the kid..and if they didn't know it was that hot, then why the heck didn't they taste test it themselves? that is the underlining question. like it's been said before they should of checked the temp themselves, most parents do, i do all the time just because you never know.

  6. #51

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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
    I think it was above the standard temperature.

    And whether Disney was aware that their cheese warmer was set too high or malfunctioning doesn't release them from the injury it caused.

    Let's say you come to my restaurant and are served a dish of ice cream with broken glass in it because I didn't know there was broken glass in it, the waitress didn't notice it when she served it and you didn't notice it before you put a bite of the icecream that contained the glass into your mouth. If you then got a serious cut in your mouth , throat or stomach that required a lot of expensive medical treatments , would you accept that it was in no way the fault of my restaurant since both I and the waitress didn't know?

    No, I would not accept it, but if I ate the ice cream and then cut my gums open and they got infected I would report it to Disney right away and not a year later say something about it(That was the impression i got from 2 articles on this case)


    also all this cheese sauce talk--i am now hungry..lol

  7. #52

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

    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!
    So if any age kid needs his food tested , who gets to test it for the numerous teenagers I see at DL who are not with their parents?
    If a teenager had sat at a wobbly table or chair and scalding hot nacho cheese had burned him/her, who would you blame now?


    In this case of the toddler it wasn't a wobbly table, it was a wobbly chair. How do you know till you sit in a chair if it is wobbly or not? Is it the responsibility of every single parent to test every single chair his/her child sits in? I think not. It is the responsibility of Disney to provide safe chairs which is why Disney is at least somewhat to blame.

    Quote Originally Posted by ShelbyH View Post
    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. . Either way, the restaurant does bear responsibility for proper food handling, which could be an excellent argument in this case.
    That is correct.

    At my restaurant we take the temperatures of foods constantly. I am the most cautious of the soup pots because the soup can overheat quickly if it gets low in the pot.

    Also, all of my servers have been trained how to pour soup correctly. If I see any of them holding a soup cup in their hand while pouring the soup, they get a verbal warning the first time and a write up the second time. They all know this and some still do it.

    Almost everyone's griping about the parents in this thread and no one has said one word about the employee who served it. I think he/she was negiigent in some way.

    Quote Originally Posted by Poisonedapples View Post
    .. 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...



    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".
    I read that they tried to settle this out of court for several months before resorting to a lawyer and a lawsuit.

    How do you know that Disney would not sell cheese that hot? They obviously did since it cause second and third degree burns. Just because you got semi hot cheese for your pretzels doesn't mean every single other customer did as well.

    Quote Originally Posted by hyperskreem View Post
    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.
    That would be great if there once because then we'd all know for sure what really happened starting from the time the cheese was heated , served and the accident occurred.


    Quote Originally Posted by DJM View Post
    I
    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.


    Exactly. My broken glass in ice cream story is an perfect example of this. And you know what? It actually happened! So now, whenever anyone breaks glass in the wait station, he/she is required to report it and then everyone checks to see if any glass has gone anywhere that it could cause harm to anyone. Had the resident who bit into the glass gotten hurt in any way, I most definitely think that my restaurant would have been liable. (Oh and it's not actually my restaurant . I just manage it. But I gave the piece of glass to my boss so he could see how big it was. He then showed it to the Executive Director who had it disappear because he didn't want the company to be sued. The customer asked for the piece of glass the next day and I was told to tell her it got lost by mistake. I refused to do that because it wasn't true, but said that I would tell her that I did not know where the Executive Director put it since that was the truth.)

    Quote Originally Posted by Second Star View Post
    That cup could have been faulty, but there would be no way MickeyD's would know that...


    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.[/FONT]

    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
    I agree with everything you've said.

    Just want to add that even though Mickey D's couldn't have known the cup was faulty, the lawyer was able to prove that the coffee was served in a faulty cup.

  8. #53

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

    What it comes down to is this--the wobbly chair leading to the spilled cheese would have been a complete non-issue if the food had been properly handled. It wasn't. A patron is not responsible for unsafe food. The restaurant and food service workers ARE reponsible for serving safe food, including temperature.

  9. #54

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

    This thread got fascinating when you look at it from this perspective -

    You have ShelbyH arguing from a common sense parenting position, Princess Buttercup arguing from her experience as a restaurant manager, and myself, arguing as a lawyer. Each perspective is pertinent to the case at hand and each of us came to the exact same conclusion. Imagine that!

    Here's the best way I can explain this situation from a legal perspective, using hot food as an example:

    Suppose you order a bowl of hot soup and immediately eat it without blowing on it or allowing it to cool. What can you reasonably expect to happen? Probably a burnt tongue, burnt mouth, or some injury that's pretty unpleasant feeling for a couple days.

    Now, imagine the same scenario, but this time the injury is that your taste buds are permanently damaged because the food is served exceedingly hot. Does anyone expect to be permanently injured when they forget to to blow on their food? Not me. Burnt mouth, yes. Permanent damage, heck no.

    The point is that there are reasons why you test food. These reasons exist within a scope of reasonableness. Nobody blows on their soup because they expect that soup to permanently damage them. Likewise, nobody lets their nacho cheese cool down because they expect it to cause scaring.

    Even if the parents acted unreasonably (and I've yet to see anyone demonstrate a fact that illustrates this), Disney appears unreasonable in their food preparation as the injury that occurred far exceeds the scope of what one would imagine from hot food.

    For all my fellow legal eagles out there...Res Ipsa Loquitor. The thing speaks for itself.

  10. #55

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

    What if the cheese was in a self serve dispenser with the words "CAUTION: HOT" in big red letters?

    Would that change anything? This happened at Cosmic Ray's at WDW. If remember correctly, the nacho cheese is self-serve.

  11. #56

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

    Quote Originally Posted by JohnZ46 View Post
    What if the cheese was in a self serve dispenser with the words "CAUTION: HOT" in big red letters?

    Would that change anything? This happened at Cosmic Ray's at WDW. If remember correctly, the nacho cheese is self-serve.
    Whoever is in charge of the restaurant is responsible to make sure the equipment is working right and that the cheese is a reasonable temperature. So even if it's self serve , the cheese should still be a reasonable temperature.

    Imagine what would happen if while you were filling the little plastic cup with cheese or putting the cheese over the nachos, a little bit spilled over the side and caused second and third degree burns to your hand. How would you feel about that even though the cheese was self serve?


    The other day , I had to get soup from the pot in the kitchen to refill the soup in the pot in the wait station. While doing this , I accidentally tipped the container we all use to transfer the soup and spilled hot soup on the top of my hand and all of my left fingers. I ran my hand under cold water for about 10 minutes and put burn ointment on it. Then I put a cold cloth on it for the next ten minutes. I had a red line going from the top of my hand to the tips of my fingers for about 4 hours until everything finally cooled off completely. This was from soup that was a reasonable temperature and that I knew was hot. If it had been an unreasonable temperature , I would have been burned very badly. I know this because before I became the manager , one of the servers at my restaurant got a third degree burn from unreasonably hot soup and incorrect pouring methods and was on workman's comp for 3 weeks.

    When we have buffets at my restaurant, we do not let the customers serve their own soup because we don't want to take any chances of one of them getting burned and suing. The majority of our customers are senior citizens . If the majority of our customers were young children, I would not be letting them serve themselves hot soup or hot cheese.

    Also, 7-11 has self serve nacho cheese. I have never heard of any cheese accidents happening there. I think they probably keep their cheese at a reasonable temperature.

    I'm curious to hear what the outcome of this case will be.

    While searching the internet about it, I found some posts by people who think that the cheese didn't even spill, but that the boy actually picked up the cheese cup and drank from it . Their opinions are based on how the injury looks.

    I also found this :

    Civil law exists to compensate an individual for injuries and losses which were caused by someone's negligence; a defective product; or some other form of misconduct or failure to act.
    Persons who are injured in accidents and their family members are often hesitant about contacting an attorney because they believe the accident or injury was in some way caused by the injured individual. This may not be the case and even if the injured individual is partially at fault, it is still possible that more than one person or entity may have contributed to causing that accident or injury and a substantial monetary recovery is still possible.
    Last edited by Princess Buttercup; 04-04-2011 at 08:36 PM.

  12. #57

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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
    Also, 7-11 has self serve nacho cheese. I have never heard of any cheese accidents happening there. I think they probably keep their cheese at a reasonable temperature.
    I haven't heard of any hot cheese dispenser accidents anywhere but I'd be surprised if it hasn't happened before this incident.

    I'm not saying that the law suit isn't justified. I haven't heard enough details to form an opinion.

    I'm just curious if the posted warning affects Disney's liability in this case. I've seen the same warnings on hot cocoa machines but I don't know if the warning is enough to absolve Disney of any liability.

    According to a local newscast the boy was treated at the hospital when this happened, so Disney has known about this from the beginning. If Disney hasn't settled with the parents by now then Disney's legal dept. must feel that they have a reasonable defense. Of course, now that the parents have filed suit Disney may have more motivation to settle out of court.

    This could have implications beyond Disney. For example, if it's determined that Disney was negligent, will that decision establish a standard safe temperature? I'm wondering if this case will have the same effect on cheese dispensers as the McDonalds case had on commercially brewed coffee.

  13. #58

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

    I don't know which I hope is true- that the parents are grubbing for money after being careless, or that Disney served food which was dangerously hot. Neither is good.

    I hope the case is gauged on evidence.
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  14. #59

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

    The thing is, standard "HOT" cheese could cause a burn. Standard holding temperature for hot food (these are FDA Food Codes) is 135*F (or higher.) 135* is more than hot enough to cause a burn. (anything lower and the food is not safe to eat...bacteria and all that jazz)

    PS- I know this crazy stuff because I have taken courses in Hospitality Law, and I'm A Nationally Certified Food Safety Manager. (I have the card to prove it!! lol)

  15. #60

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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 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.
    Here's the problem. The burden of proof lies upon the parent to support the claim that the cheese in question was hot enough to warrant negligence on a part of Disney. In order to do that, they must prove that Disney failed to keep the nacho cheese at a reasonable temperature. In an attempt to do so, they're claiming that the cheese must have been at least 160F, but in fact, 3rd degree burns can happen in as little as 5 seconds at temeratures as low as 140 degrees.

    In order to prove negligence, they have to demonstrate that the temperature of the nacho cheese was higher than a reasonable consumer would expect. Their problem lies in the fact that the melting point of nacho cheese is significantly higher than 140 degrees. Now, a reasonable consumer would expect the nacho cheese to be melted upon serving, and as such, serving nacho cheese at or near melting temperature would in and of itself not be negligence. That in and of itself blows a hole in their claim, since all Disney needs to do is demonstrate that the nacho cheese was served at a resonable temperature, even if that temperature is sufficient to cause 3rd degree burns.

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