Walt Disney World Slip and Fall Settlements and Claims (Florida)
Justin Ziegler, Lawyer
Walt Disney World in Orlando, Florida.
If Walt Disney World’s negligence causes you to slip, trip or misstep and fall, you may have a personal injury case. This assumes that you were injured as a result of the fall.
This article focuses on slip (and trip) and fall injury claims against Walt Disney World in Orlando. It does not focus on general accident claims against Walt Disney World.
Injured Person Must Show Disney was Negligent
If you slip and fall at Walt Disney World, you must show Disney’s negligence caused your injury in order to get money for your bills, lost wages, pain and suffering.
Sometimes the guest is 100% at fault for the accident. This may happen in some slip, trip and fall cases.
Will Disney World Admit Liability in Your Slip and Fall Case?
Do Most Slip and Fall Cases Against Walt Disney World Settle?
Yes. Just look at court records for slip and fall cases against Disney in Orlando. Most fall down lawsuits against Disney World settle before trial. This also includes trip and fall lawsuits.
Also, most cases likely settle with Disney before the lawsuit stage. Why would Disney World be different from most big companies?
However, settlement will ultimately depend on whether the injured person can show that Disney did something wrong to cause the guest’s fall.
Entrance Matting at Disney World Properties – Slips, Trips and Falls
There are many different entrances to Disney World facilities. An entrance is a place of entry to a building, room or area.
Disney World facilities must have entrance mats that provide safety and protection to guests. ANSI/NFSI B101.6-2012: 4.1-.4.2. Disney World may argue that the use of American National Standards is completely voluntary.
They may argue that they do not have to follow the American National Standards.
Mats provide safety where there is a hazard from contaminants, grit and moisture. Moisture is a liquid substance. It is usually water from rain.
It can be tracked into a building owned by Disney World (e.g. hotel, restaurant, etc.). These slippery substances can become a slip or fall hazard.
Wet floors and grit on floors, particularly hard floors, pose a big threat to pedestrians of slipping and falling at Disney World facilities. Mats remove moisture and grit from floors to reduce slip hazards.
Mat functionality generally improves with more shoe contact. Therefore, longer matting is often the solution to maximizing the removal of contaminants.
If Disney World used short mats, an injured victim can argue that Disney was careless.
Tripping on an Entrance Matting Located Outside of a Building at Disney
When matting is located outside a building, it must be either a recessed mat, a scraper or a wiper-scraper mat. Outdoor mats may either be loose laid or permanently installed with a recessed well mat/foot grille.
Scraper mats are designed to remove and retain heavier and larger soil. These mats usually have a coarse or rough surface and lower areas where soil can fall away from contact with shoes. through contact with footwear.
Scraper mats can be produced as all rubber or PVC products or can be produced using heavy denier fibers in the fabric with vinyl backings.
Matting placed outside a building or in the vestibule is exposed to maximum grit and dirt. A vestibule is a lobby, entrance hall or passage between the outer door and the interior of a building and is the enclosed area between two sets of doors.
It is important that matting placed outside a building incorporate scraper capabilities including the capacity for particles to fall below the surface of the mat.
Scraper mats, wiper-scraper mats or mats placed in recessed wells are designed to remove the excess grit and dirt. Wiper-Scraper mats are designed to remove and retain finer soil, dust and absorb some moisture and contaminants from footwear.
Scraper mats by necessity sometimes are installed in locations without overhead protection.
Slip and falls
If you slip and fall at a Disney hotel in Florida, then in order to get damages you have to prove that Disney knew or should have known (constructive notice) that a substance was on the floor before you fell.
If you request and get surveillance video of the incident scene, then you may be able to show that Disney should have known that the substance that caused you to fall was on the floor before you fell.
Another way to prove that Disney employees should have known that the substance was on the floor is if you can testify that you did not see any Disney employees in the area for 15-20 minutes before you fell.
If you can testify that this is the case, then you can argue that the substance was on the floor for at least 15-20 minutes before you fell.
You may also be able to prove that Disney should have known that the substance was on the floor by testifying that the substance was dirty, had smudges, track marks, footprints, or had other characteristics that show that the substance had been there for some length of time.
You should also take pictures of the substance.
Slip and fall accidents can result from some of the situations below which include, but are not limited to:
Slip and falls on a substance which Disney knew or should have known was on the floor prior to the fall. This could be water, fruit, grease and many other substances.
Broken sprinkler Causes Fall
You may have a good personal injury case if a broken or improperly maintained sprinkler sprayed water onto a sidewalk or walkway, and you slipped and fell. This is true whether the sidewalk was uncovered or an exterior covered sidewalk.
Slip and fall on a platform that disengages and slides.
An unstable chair at Disney property collapses causing injury.
A loose booth tips up and sends a guest to the floor.
Trip and Falls at Disney
You may also have a case if you tripped over something and were injured at a Disney hotel that should not have been there. For example, if you trip and fall over an electrical cord that was on the floor, then you may have a case.
If there were warning signs around the electrical cord then you case may be much more difficult or worthless.
It depends on where the warning signs were in relation to your fall. You should take pictures of the dangerous condition that caused you to fall. One of the many types of trip and falls is if you tripped and fell in a hole in the grass on Disney property.
The sooner that you document the facts surrounding an incident the better. You need to know the questions that Disney may ask you.
Florida has a Specific Slip and Fall Statute
Florida has a specific statute that applies if a slip and fall on a transitory foreign substance at a business establishment, such as Disney, caused your injury. Just one (1) detail in a slip and fall case can make or break the case.
Injured on a Disney Cruise Ship
Similar to being injured at a hotel or at a Disney theme park, my educated guess is that the most common injuries on Disney cruise ships are slip and falls and trip and falls.
Items Disney May Ask You To Preserve after a Slip and Fall
Any time you’re hurt on any property, a claims representative may ask you to preserve several items. I assume that Disney may do the same.
You should always preserve these items. Do so even if Disney does not ask you to.
If you claimed that you slipped and fell on a substance, Disney may want to look at the substance to see if it lines up with your memory of the incident.
No Permanent Injury Needed For Pain and Suffering
If you are hurt in a slip and fall at or by Disney in Florida, then you do not need to prove that your injury is permanent in order to be entitled to money for non-economic damages (e.g. pain, suffering, etc.).
Actual Slip, Trip and Fall Injuries that Have Been Suffered at Walt Disney World in Orlando, Florida
I have organized these by type of injury:
Shoulder Injury (e.g. Rotator Cuff Tear, Glenoid Labrum Tear, Shoulder Fracture, etc.) from a Fall
Rotator cuff injuries and glenoid labral tears are the most common objective shoulder injuries. The Disney adjuster may argue that your shoulder injury was not related to the accident because it was caused by:
Excessive use of the shoulder which caused inflammation and swelling of the bursa
Most tendinitis is a result of a wearing down of the tendon that occurs slowly over time
Your doctor may argue that your shoulder tendinitis is acute, and/or that your shoulder instability was caused by a sudden injury such as a slip or trip and fall.
This article lists many accidents at Disney in Florida. Unless I say that I was the attorney for the accident victim, I was not.
Shoulder Fractures
Shoulder fractures in older individuals may often be caused by a fall from standing height. The adjuster is much less likely to argue that a shoulder fracture was not caused by a fall.
Below are incidents involving a shoulder fracture at the Magic Kingdom park in Florida.
Date: 12/18/14 Ride: Mad Tea Party Age/Gender: 49/M Claimed Injury/Apparent Injury: Tripped while exiting ride vehicle; fractured shoulder.
I give credit to Disney for giving a brief description of how the accident happened. The incident reports by Universal Studios (to the Dept. of Agr.) that I have seen do not state the mechanism of injury.
Wrist and Hand Injuries or Fractures at Disney’s Magic Kingdom in Orlando
Disney’s carelessness could cause your lower leg injury (e.g. tibia or fibula) or fracture in Florida. In most lower leg fracture cases, it is easy to establish that the injury was caused by the accident.
This may prevent the full value of the case from decreasing. I settled a two (2) non-Disney tibia fracture cases for $445,000and $325,000.
Below are incidents involving a lower leg injury at the Magic Kingdom park.
Date: 3/12/09 Ride: Astro Orbiter Age of Guest/Gender: 40/F Claimed Injury/Apparent Injury: Fractured ankle exiting ride.
Ankle Injuries at Disney’s Typhoon Lagoon Water Park
Date: 10/25/11 Ride: Storm Slides Age of Guest/Gender: 48/M Claimed Injury/Apparent Injury: Fell and fractured ankle.
Leg Injuries
Leg injuries at Magic Kingdom Park
Guest Loses Fall Down Case Against Walt Disney World (Leg Injuries)
A male guest at Walt Disney World’s Magic Kingdom allegedly tripped and fell in 2002. It occurred in Orlando. He claimed that he stepped onto trolley tracks. He said that his foot got stuck in the track.
The guest alleged that he fell onto the tracks. He claimed that his fall caused leg injuries. He and his wife filed a lawsuit against Walt Disney Hospitality and Recreation Corporation.
They claimed that Walt Disney World did not reasonably maintain the trolley tracks and the pavement. He alleged that Disney did not warn him or fix this dangerous condition before he fell.
In 2006, the case went to trial in Orlando, Orange County, Florida.
The jury gave a defense verdict to Disney. The jury found that Disney was not negligent. The award was for $0.
Case: Charles Gorman and Patricia Gorman, as husband and wife, v. Walt Disney Hospitality and Recreation Corporation.
I have limited knowledge about this case. Proving that Disney is negligent in a trip and fall claim can be tough. Trip and fall cases are even more difficult if you trip over something that may be open and obvious.
Without knowing more, trolley tracks appear to be very open and obvious.
More Disney Leg Injury Accidents:
I do not know if the leg fractures below are upper leg (femur) fractures or lower leg (tibia/fibula) fractures.
Date: 10/4/14 Ride: Prince Charming Regal Carousel Age/Gender: 64/F Claimed injury/Apparent injury: Fell while stepping off the carousel horse; Fractured leg.
Date: 5/10/14 Ride: Astro Orbiter Age/Gender: 68/M Claimed Injury/Apparent Injury: Guest fell while exiting vehicle; developed blood clot in leg.
Date: 3/3/13 Ride: The Haunted Mansion Age/Gender: 79/F Claimed Injury/Apparent Injury: Fell stepping onto moving walkway. Fractures to leg.
Date: 9/21/11 Ride: Prince Charming Regal Carousel Age of Guest/Gender: 66/F Claimed Injury/Apparent Injury: Fell stepping off the carousel platform; fractured leg.
Date: 8/9/11 Ride: Haunted Mansion Age of Guest/Gender: 66/F Claimed Injury/Apparent Injury: Fell on moving walkway. Fractured leg.
Leg fractures at Typhoon Lagoon
Date: 1/9/13 Ride: Typhoon Lagoon Surf Pool Age/Gender: 67/F Claimed Injury/Apparent Injury: Fell and fractured leg.
Date: 5/13/11 Ride: Typhoon Lagoon Surf Pool Age of Guest/Gender: 47/F Claimed Injury/Apparent Injury: Fell. Fractured leg.
Arm Fractures
Date: 5/24/10 Ride: Mad Tea Party Age of Guest/Gender: 61/F Claimed Injury/Apparent Injury: Fell exiting vehicle; left arm fracture
Date:6/9/09 Ride: Tomorrowland Indy Speedway Age of Guest/Gender: 7/M Claimed Injury/Apparent Injury: Fell after exiting vehicle and fractured arm.
Back Injuries
Not from a Disney case.
Disney World:
Date: 7/21/15 Ride: Gran Fiesta Tour Age of Guest/Gender: 46/F Claimed Injury/Apparent Injury: Injured back.
Disney-Hollywood Studios
Date: 3/24/11 Ride: Honey, I Shrunk the Kids Movie Set Adventure Age of Guest/Gender: 8/M Claimed Injury/Apparent Injury: Fell. Hit head. Back pain.
Knee Injuries
Date: 3/6/11 Ride: Peter Pan’s Flight Age of Guest/Gender: 75/F Claimed Injury/Apparent Injury: Fell on moving walkway in load area; fractured knee.
Hip Fractures
Hip fracture. Not an actual Disney case.
Magic Kingdom
Date: 3/1/14 Ride: Buzz Lightyear’s Space Ranger Spin Age/Gender: 80/M Claimed Injury/Apparent Injury: Fell while exiting; fractured hip.
Date: 10/11/10 Ride: Prince Charming Regal Carousel Age of Guest/Gender: 71/F Claimed Injury/Apparent Injury: Guest fell. Fractured hip and shoulder while ride was stopped.
Date: 4/19/10 Ride: Prince Charming Regal Carousel Age of Guest/Gender: 65/F Claimed Injury/Apparent Injury: Fell getting off of horse; fractured hip.
Date: 4/13/10 Ride: Mad Tea Party Age of Guest/Gender: 68/F Claimed Injury/Apparent Injury: Fell exiting vehicle; fractured hip.
Date: 3/24/11 Ride: Honey, I Shrunk the Kids Movie Set Adventure Age of Guest/Gender: 8/M Claimed Injury/Apparent Injury: Fell. Hit head. Back pain.
Spinal Injuries
Date: 9/14/10 Ride: Buzz Lightyear’s Space Ranger Spin Age of Guest/Gender: 73/F Claimed Injury/Apparent Injury: Fell on moving walkway in load area; fractured spine.
Guest Loses Trial Against Disney World (Fell Down Stairs at Hotel)
This is not my case. A lady allegedly was visiting Disney’s Grand Floridian Beach Resort in Orlando, Florida. She claimed that tripped and fell over holiday decorations. She claimed it happened while she was walking down stairs.
The guest allegedly claimed that when she started to fall, she tried to reach for the handrail. She said that could not grab the handrail because it was covered with decorations. She was injured.
The guest and her husband sued Walt Disney World Company in Orlando, Orange County, Florida.
She sued for medical expenses, pain, suffering, loss of wages, loss of earning capacity. Her husband sued for loss of his wife’s services and consortium.
In 2002, the case went to trial. The jury ruled in Disney’s favor.
They found that Disney was not negligent. The award was for $0. Case: Lombardi v. Walt Disney World Hospitality & Recreation Corp.
My thoughts: I assume that Disney argued that the lady fell due to her own negligence. I do not have pictures of the decorations on the handrail. Therefore, I do not know how dangerous it was.
Court Dismissed Case Where Guest Falls off Curb at Magic Kingdom
Lucille Rosenfeld could not recover compensation caused by her fall over a street curb on “Main Street USA,” at the Magic Kingdom in Orange County, Florida. She sued Walt Disney World, the owner and operator of the theme park.
Guest Claimed Fake Colored Curb and Street Are Confusing to the Eye
Rosenfeld’s lawsuit claimed that the Disney property where Lucille fell is a public amusement park, not a public street, and that the curb, street and sidewalk were colored artificially in such a way as to create an optical illusion of flatness.
She claimed that this obscured the change of levels from her view, and created a hazard for guests and patrons visiting Main Street.
The appeals court said that in another prior case it ruled that changes in levels from ordinary curbs to streets do not subject a landowner to premises liability for injuries suffered by persons falling over the curbs and that an optical illusion of flatness created by the colors of the curb and street does not make them inherently or unreasonably dangerous, as a matter of law. Gorin v. City of St. Augustine, 595 So.2d 1062 (Fla. 5th DCA 1992),rev. denied, 604 So.2d 486 (Fla. 1992).
Disney’s Main Street Curbs Are Open and Obvious
The court said that Disney’s Main Street curbs and streets are recreations of ordinary village and town streets and curbs, although located in its amusement park.
The appeals court agreed with the trial court. The case was forever dismissed. The guest didn’t get a penny.
Which Lawyers Handle Slip, Trip and Fall Cases Against Walt Disney World?
If an attorney is licensed in Florida, he can handle Disney injury cases. These include, but are not limited to, slip, trip and fall cases.
Do not hire an attorney who says they are a Walt Disney World injury lawyer but is not licensed in Florida. That advertising is unethical.
If an attorney is not licensed in Florida or in your home state, they cannot ethically represent you against Disney World. I am a Florida slip and fall lawyer.
I want to represent you if Disney’s carelessness caused your injury. We can also represent you if Disney’s negligence caused another type of accident.
Hire an attorney who only handles fall down and other injury cases. I only handle Florida fall down cases and other injury cases.
I currently represent several clients in personal injury claims against Walt Disney World in Orlando, Florida.
Did someone’s carelessness cause you to slip or trip and fall and suffer an injury at Disney World? Were you injured in another type of accident or somewhere else?
We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.
