New lawsuit against Disney Cruise Line

In relation to Disney Parks but not specific to a single resort

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Amy
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New lawsuit against Disney Cruise Line

Post by Amy » Mar Tue 22, 2011 5:05 am

I'm guessing this will end up in a quick settlement. The last one was the overly hot cheese at DL wasn't it?
Disney is facing another lawsuit from the family of a child allegedly burned with hot food. A new lawsuit alleges that employees on the Disney Wonder cruise ship injured a minor by serving him a "cup of scalding hot chocolate." The lawsuit was filed in federal court in Orlando on Friday, March 18, 2011, by Kimberly Roth as her son's legal guardian. The complaint alleges the injuries occurred during a March 2010 cruise when an employee on the Wonder served hot chocolate that was so "dangerously hot" that when her son "spilled a tiny amount on his hand, he convulsed, causing the remaining portion of the beverage to spill all over his torso." The complaint seeks damages in excess of $75,000.
Here is the link...
http://www.wdwinfo.com/news/disney-crui ... e_Line.htm

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Re: New lawsuit against Disney Cruise Line

Post by Jacca5660 » Mar Tue 22, 2011 9:09 am

Soon to be settled out of court for an un-disclosed amount!
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Re: New lawsuit against Disney Cruise Line

Post by Polynesian Princess » Mar Tue 22, 2011 10:12 am

At the rate things are going everything's going to have to be served lukewarm or cold to make sure no one gets burned. :roll: What would you expect from HOT chocolate?
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Re: New lawsuit against Disney Cruise Line

Post by Amy » Mar Tue 22, 2011 11:19 am

Polynesian Princess wrote:At the rate things are going everything's going to have to be served lukewarm or cold to make sure no one gets burned. :roll: What would you expect from HOT chocolate?
It does make you wonder why there is no responsibilities placed on the consumer anymore. No, I wouldn't expect a child to necessarily understand the hot chocolate it hot, but you would think the parent would test it out before giving it to their child :shock: :roll:

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Re: New lawsuit against Disney Cruise Line

Post by TTA Traveler » Mar Tue 22, 2011 11:49 am

If the child had third degree burns down his body and needed skin grafting or something, I personally see no problems with them suing. Sure, it's partially his fault for spilling it.. but hot chocolate should never be that hot. Hot, yes, but not scorching! :shock:

Though it doesn't go into details, so that might not even be the case.
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Re: New lawsuit against Disney Cruise Line

Post by Wizzard419 » Mar Tue 22, 2011 12:47 pm

They probably won't change the serving temp, other than possibly lowering it a little. But they may go for the McDonald's route of (well a verbal version) informing them the beverage is hot.

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Re: New lawsuit against Disney Cruise Line

Post by Amy » Mar Tue 22, 2011 12:59 pm

Space Traveler wrote:If the child had third degree burns down his body and needed skin grafting or something, I personally see no problems with them suing. Sure, it's partially his fault for spilling it.. but hot chocolate should never be that hot. Hot, yes, but not scorching! :shock:
Though it doesn't go into details, so that might not even be the case.
I really doubt any food service would be serving beverages hot enough to cause third degree burns, but you are correct, there aren't many details to the story.

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Re: New lawsuit against Disney Cruise Line

Post by Wizzard419 » Mar Tue 22, 2011 2:00 pm

I wouldn't be so quick to say that, I went to make a cup of tea when I was visiting another office and they had one of those industrial coffee makers (similar to the one pictured), and the water came out like lava. If it was the kind of hot chocolate where they just add hot water to it, then there's a good chance it came out of the same machine that makes the coffee.


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Re: New lawsuit against Disney Cruise Line

Post by mindflipper » Mar Tue 22, 2011 3:28 pm

Don't those machines also have temperature control settings? Maybe somebody set the temperature far too high on the hot water dispenser?

And like Wizz, I've had hot water come out those machines piping hot like lava, too.

But as for the lawsuit, I'm making no judgement about either side unless I can hear more facts about the incident. I just agree that the situation the plaintiff is alledging could in fact be possible, but without more information I have no idea if and what actually happened in this case.

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Re: New lawsuit against Disney Cruise Line

Post by Wizzard419 » Mar Tue 22, 2011 5:33 pm

I have no idea, that was the first and last time I had a beverage out of that machine (their coffee sucks and their water is too hot). From that point on when I visited the office I would just get a beverage from downstairs. I want to say they do have temperature control, but they may only be able to put out near boiling water to keep the coffee as hot as possible if it's going to sit for hours.

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Re: New lawsuit against Disney Cruise Line

Post by elizabethswann » Mar Tue 22, 2011 8:44 pm

Amy wrote:
Space Traveler wrote:If the child had third degree burns down his body and needed skin grafting or something, I personally see no problems with them suing. Sure, it's partially his fault for spilling it.. but hot chocolate should never be that hot. Hot, yes, but not scorching! :shock:
Though it doesn't go into details, so that might not even be the case.
I really doubt any food service would be serving beverages hot enough to cause third degree burns, but you are correct, there aren't many details to the story.
I'm with you. I wonder if they will give out anymore detail to the story that discloses the sort of degree of the burns he received.

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Re: New lawsuit against Disney Cruise Line

Post by mindflipper » Mar Tue 22, 2011 8:57 pm

Believe me, on that boat, they had an onboard investigator document everything from top to bottom, and the ship's medical staff would have treated and document any injury as well. Every cruise line is meticulous about documentation in a situation like this.

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Re: New lawsuit against Disney Cruise Line

Post by MadEye » Mar Tue 22, 2011 9:02 pm

Um... Where was the mother when they served the chocolate???? Shouldn't she have gotten it for him and test it out like a normal parent would?
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Re: New lawsuit against Disney Cruise Line

Post by Amy » Mar Tue 22, 2011 9:14 pm

MadEye wrote:Um... Where was the mother when they served the chocolate???? Shouldn't she have gotten it for him and test it out like a normal parent would?
That's kind of what I am thinking...

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Re: New lawsuit against Disney Cruise Line

Post by Wizzard419 » Mar Tue 22, 2011 9:39 pm

I would imagine if the kid was over the age of 5 the parent wouldn't do that, that is just plain creepy. I guess it's too much to expect your children to be able to figure out if something is hot.

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