Disney faced with lawsuit in Mission: Space death- Orlando Sentinel- 6/13/06

[TheDisneyInquisitor]

Article from the Orlando Sentinel- June 13, 2006
Disney faced with lawsuit in Mission: Space death

Disney faced with lawsuit in Mission: Space death
by Scott Powers
One year after a 4-year-old Pennsylvania boy died after riding Epcot's Mission: Space simulator ride, his family has sued Walt Disney World for wrongful death.

The family of Daudi Bamuwamye sued the company Tuesday in Orange County Circuit Court seeking unspecified damages. They say company officials didn't adequately warn the public of the ride's hazards, should never have allowed a boy so small onto the ride, and didn't do enough to help him when he got off unconscious and stricken.

Full Story: Disney faced with lawsuit in Mission: Space death

[sir clinksalot]

Puhleeze. I mean, it's sad that your son died ... of course. But from what I understand there are more warnings on this ride than any other Disney ride EVER. Your kid had a un-diagnosed pre-existing condition. It's a tragedy ... but let him rest in peace.

[MandaBella]

Agree sir_clinksalot. I felt there were plenty of warnings. Maybe people need to start heeding them.

My DH wasn't feeling up to par on our trip last month, so guess what favorite ride of his we opted to skip for the trip? Just take a wild guess...

[Fishbulb]

stupid.

I recently rode the ride and they practically tell you NOT TO RIDE. They even offer a lighter version of the ride for people to opt for.

[cellarhound]

I am not surprised.

I think the family has a legitimate legal claim here, because Disney did not offer "due dilligance" on a ride they knew was dangerous and afforded no accomidation untill after a second death occured on the ride... My thought is that the family's counsel will likely argue had the current system in place was in place at the time they rode the attraction, their child would still be alive.

Disney will not settle (a long standing policy which in all likelyhood should be abandoned in this case - because it would be less expensive in the long run to settle this one than to fight this family).

So the family stands nothing to lose really to let this case drag out to a conclusion... their are law firms who would love to take their case pro bono.

[TheDisneyInquisitor]

Question: Is there some law that says you can't sue until a year passes? If not, why did they wait?

The only possible chance this family has is if they try and win on the Disney-didn't-act-fast-enough point. Disney cannot be blamed on the death. The autopsy results proved that it was a pre-existing condition. The mannor of death was labeled as "Natural." Nothing more should be needed there. Mission: Space has more warnings than Tower of Terror, Rock 'n' Rollercoaster and Test Track combined. They cannot say they weren't warned. The sign specifically says if you have heart conditions don't ride....end of story.

This is either for money or to place the blame on someone else. My advice to the family: death is sad, but you will never get over it until you can let it go.

[sir clinksalot]

^ Agreed 1,000,000%.

You must spread some Reputation around before giving it to TheDisneyInquisitor again.

[cellarhound]

Question: Is there some law that says you can't sue until a year passes? If not, why did they wait?

You have to build a case, which means investigation and aquiring enough documentation and evidence to support your tort...

They probably contacted a lawyer several months ago... after greaving over the loss of their child - which is a process...

The question really is one of Due Dilligence... Did Disney do everything it could to insure the ride was safe? Unfortuantely Disney's actions really fell into the hands of the opposing law firm...

Once they offered a tamer version of the ride I knew that one of these families had a case, and a lawyer ready to serve a civil summons...

Disney will fight this, they have to, but they won't win the case - even if they have a judgement ultimately in their favor... That is the problem with these kinds of cases, and with their policy of not settling every case... This is a case that should be settled out of court - textbook good corporate managment.

On one side you have a megalithic multi billion dollar company, on the other the images of a small child who died on a ride that was later seen as too intense for the general public and was offered a tamer version... Not good from a PR stand point.

I can see the argument now by the lawyer on Court TV now... and because of the Sunshine rule in the state of Florida, they have to broadcast the proceedings.

Nightmarish.

[cellarhound]

The autopsy results proved that it was a pre-existing condition. The mannor of death was labeled as "Natural."

They probably got a second autopsy with a second oppinion lined up, and evidence lined up that will question the credibity of this finding...

[Experiment626]

Isn't there already a thread about this same lawsuit? Any way to mesh these two together moderators?

[OogieBoogie]

I hate to sound rude, but does this kid's picture remind you of Urkel? Plus what kind of name is Daudi? It looks like his parents named him after a bad scrabble pull. I'm very sorry to hear that thier son died on the ride, but to blame Disney for their negligence is just plain stupid. (Cues up the song 'Blame Canada' for the parents)

[Experiment626]

I hate to sound rude, but does this kid's picture remind you of Urkel? Plus what kind of name is Daudi? It looks like his parents named him after a bad scrabble pull.

At least it's not as bad as being named "Donuts". I went to a funeral a couple of weeks ago and my cousin showed me a headstone with someone named Donuts. He was born in the 60s so I'm assuming his parents were hippies and they were on something. Okay...back on topic now.

[sediment]

"Warning: you might have an unknown condition that might result in injury or death due to riding this ride. If you have an unknown condition, you are advised not to ride."

[cellarhound]

"Warning: you might have an unknown condition that might result in injury or death due to riding this ride. If you have an unknown condition, you are advised not to ride."

Wow... Is that a known "unknown condition" or a unknown "unknown condition?"

Cus I know that I don't know if my "condition" is "known" or "unknown..."

Am I at risk?