Legal Question in Personal Injury in California

My family took my Aunt to Disneyland on Thanksgiving this year. At the end of the evening, she stepped out of her wheelchair in a crowded area in order for us to lower the wheelchair off of the curb. When she stood up and turned around, she stumbled and fell off of the curb to the ground and broke her hip. The Disney staff alerted the medics and she was taken to the ER. She has since had surgery and has been in the hospital for numerous days. I had heard from the surgeon that did her surgery that Disney often pays for the expenses for surgeries for broken ankles for those who step off of curbs. Does anyone know if this is true? Should I contact Disney myself to see what their policy is to see if they would cover my Aunt's expenses? Should I engage with a lawyer immediately instead and have them contact Disney on my behalf? I obviously would rather not have to go to court if possible, but my Aunt's expenses are going to be very large.


Asked on 11/28/11, 9:15 pm

5 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Disney wouldn't readily pay you even if the accident was their fault, and there's nothing in your question that says it was. Even if you had some evidence of fault, the idea that Disney "often pays" medical expenses just isn't true. (They have 101 lawyers.) But maybe a consultation with a personal injury lawyer would be worthwhile for your aunt. Watch out for legal time limits.

Read more
Answered on 11/28/11, 9:26 pm
George Shers Law Offices of Georges H. Shers

Hip replacement surgery probably costs over $20,000 now. Why would Disney pay that large of an amount without strong proof they were at fault. An elderly woman who is normally in a wheel chair falling of a curb does not sound as though there was something wrong with the curb.

Read more
Answered on 11/28/11, 11:13 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.

Read more
Answered on 11/29/11, 2:36 am
Terry A. Nelson Nelson & Lawless

Unless you can prove Disneyland knew and failed to repair or warn of a 'hidden dangerous defect' which you couldn't have noticed and avoided with reasonable care and attention on your part, they are not liable for this. Falling off a normal curb is negligence of the person involved, not Disneyland. In specific answer, you are quite misinformed: Disneyland has essentially a 'no settlement' policy. Anything else would open the floodgates to numerous fabricated and exaggerated claims. Unless you have a strong case you could take to trial and win, don't bother demanding a settlement, you;'re not going to get one. If you do have proof of hidden dangerous defect, feel free to contact me for the legal help you'll need.

Read more
Answered on 11/29/11, 11:11 am
Edward Hoffman Law Offices of Edward A. Hoffman

Your aunt may have a case against Disney, but nothing you have written suggests that she does. With additional facts I might see a basis for a claim.

Disney is not automatically liable for injuries that occur in its theme parks. It is only liable for injuries that are its fault. That may be true of your aunt's injury, but my guess is that it isn't.

Your aunt should consult with a personal injury lawyer in Orange County and discuss the accident in more detail. That way she will get a better sense of what she may or may not be entitled to.

Read more
Answered on 11/29/11, 11:12 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California