Plaintiff Files Lawsuit After Being Injured on Disney Waterslide
Disney Parks and Resorts is facing a lawsuit filed by a woman who sustained severe injuries while going down their largest waterslide, the Humonga Cowabunga at Typhoon Lagoon Water Park. The water slide features a 214-foot drop. The plaintiff claims that suffered an injurious wedgie while traversing the water slide. The incident took place on October 14th of 2019.
The water slide features a 214-foot drop in one direction while the rider is in the dark. The suit contends that Disney should have known that the ride was more dangerous for women. In this case, the rider descends at a near-vertical drop and then strikes the water at the bottom of the slide. In this case, the plaintiff alleges that the force of the water caused her shorts to become jammed up in her private areas resulting in severe bleeding and personal injury to her most personal of regions.
Amusement park liability lawsuits
Lawsuits filed against amusement parks are not uncommon. When an individual is injured on an amusement park ride, they can file a lawsuit against the amusement park under a theory of strict liability. That means that they don’t necessarily have to prove negligence to win their lawsuit against the amusement park. In this case, the plaintiff is alleging that Disney was negligent for failing to provide protective clothing to those who were riding down the water slide. The water slide presented a clear risk of danger, specifically to women, based on their anatomy. The potential to cause an injurious wedgie was thus something that Disney should have thought of when allowing individuals to ride the water slide.
According to the lawsuit, the plaintiff assumed the proper position with her legs crossed as she descended the slide. However, at some point, she became airborne and struck the side of the waterslide during which time her legs uncrossed. Disney does advise riders to cross their legs to avoid damage and injury to their sensitive areas. However, there is a risk that the rider’s legs could become uncrossed if they strike the side of the water slide.
According to the plaintiff, she suffered significant pain as a result of the injury and began bleeding from her sensitive areas. She was taken to the hospital by ambulance as blood gushed out from between her legs. The filing indicates that the victim suffered severe and permanent injuries as a result of the incident. Her husband is also named in the lawsuit as a plaintiff for loss of consortium. That means that he and his wife can no longer have sex as a result of her injuries.
The case against Disney is sound. They could have warned riders about the risk of injury if their legs were uncrossed. They could have also required riders to wear shorts as opposed to bathing suits on the ride.
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Source:
cbsnews.com/miami/news/disney-sued-over-severe-injuries-allegedly-caused-by-wedgie-from-water-slide/