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A Walt Disney World vacation always seems like such a magical time. Spending time with friends and family, eating incredible food, riding a ton of fun attractions, and more. Unfortunately, sometimes things don’t always go as planned. Maybe someone got sick or got a bad burn from the intense Florida sun. Sometimes people even suffer a physical injury. Things happen and people want to hold someone responsible. That leads to many lawsuits being filed against Disney for people hurt during their Resort vacations.
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One woman recently filed a lawsuit against The House of Mouse because of an injury sustained during her 2019 trip. The plaintiffs, Mr. and Mrs. Klinger, are claiming that Mrs. Klinger was injured in a hotel pool at Disney’s Old Key West Resort. The Klinger’s are suing Disney for $100,000 for a number of things, including pain and suffering and negligence.
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According to the court documents filed with Orange County Clerk’s Office:
On or about February 14, 2019, [Mr. and Mrs.] Klinger were guest of the Resort. On that day, Mrs. Klinger was injured while using the sandcastle water slide at the Resort pool. Mrs. Klinger impacted the floor of the pool with sufficient force to injure her.
As a result, Mrs. Klinger suffered a severe left ankle injury including ligament tears which required surgical intervention. Since the initial surgery, Mrs. Klinger has been diagnosed with chronic regional pain syndrome as a result of the incident.
Disney’s Old Key West Resort boasts a large swimming pool that has a 125-foot slide. The slide takes Guests through a massive sandcastle. They land in a large swimming pool, and the Klinger’s are claiming that Mrs. Klinger’s pool landing is what caused the injury. They are claiming that Mrs. Klinger hit the bottom of the swimming pool with such force, that major damage was done to her ankle.
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The Klinger’s lawsuit states that Disney’s negligence is why she received her injuries, and they listed a number of ways Disney was at fault. Per the public court records:
Defendant, DISNEY PARKS, as owner or operator of the Resort, owed Mrs. Klinger a duty to maintain its premises in condition that was safe for all guests through the use and implementation of regular inspections, repair procedures, maintenance and follow-up and to correct dangerous conditions of which it either knew or should have known existed by the use of reasonable care.
Defendant, DISNEY PARKS, breached its duties in one or more of the following ways:
a. Failing to maintain the sandcastle water slide in order to avoid the amount of water to increase the speed beyond the recommended standard;
b. Failing to maintain the depth of the catch pool;
c. Failing to have a proper angle for the exit flume;
d. Failing to instruct users of the proper body position; and
e. Failing to include adequate warnings regarding user body position.
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The Klinger’s are demanding that Disney pay them $100,000 for Mrs. Klinger’s injuries. The lawsuit states that the injuries suffered by the Plaintiff go beyond just physical pain.
…sustained pain and suffering, mental anguish, emotional distress, permanent injury, loss of wages, incurred medical expenses, and has sustained a loss of the capacity for the enjoyment of life in the past and will incur these losses in the future.
The Klinger’s are being represented by an attorney who has requested a jury trial.
This lawsuit is far from the first one Disney has gone up against. Prior lawsuits include one by a Guest who slipped and fell at The House of Blues in Disney Springs, and a family filed against Disney when a snake fell from a tree at Animal Kingdom Park and a bit a young boy. The shock of the incident caused the boy’s grandmother to suffer a fatal heart attack.
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Disney has not commented on the lawsuit at this time, but it is common for the company not to comment on pending litigation.
