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It’s a Small, Litigious World After All!

It’s a world of laughter, a world of tears; Its a world of hopes, its a world of fear; There’s so much that we share, that its time we’re aware…
“…its a small world after all!”

You might want to add, “It’s a world of lawsuits” to that refrain as well.

Late last week, Disney got an early Easter present, in the form of an $8,000 judgement against them for not being able to evacuate a man off the ride for over 30 minutes. (The ride itself is anywhere from 12-15 minutes long normally).

Considering how much other Disney lawsuits have been settled for, this one just might feel like a present to settle so low.

So, how did we get here? Well, back in 2009, Jose Martinez, found himself stuck in the final “room” of the attraction the day after Thanksgiving. As per standard operating procedure, Disneyland employees were able to evacuate all the passengers from the ride…except Martinez – who is confined to a wheelchair due to paralysis.

According to Martinez’s attorney, he suffers from panic attacks and high blood pressure, “…both of which became issues as he sat in the boat (with the song) playing over and over and over.” He added, “(Martinez) He was half in the cave of the ride and half out,” Geffen said. “The music was blaring. They couldn’t get it to go off.”

Apparently, Disneyland employes were unable to evacuate the wheelchair-bound Martinez and opted to try and fix the ride to get him back to the ride platform.

Now this is where I get to the litigious point of my article…

Martinez’s attorney continued, “This is a really important ruling not just for (Martinez), but for anyone that rides the rides at Disneyland — because they do break down often and they do not tell people.” Anyone who’s ever visited Disney Parks know that the ride operators are some of the best in the business. As SOON as a ride breaks down, announcements are made and cast members generally walk out to the attraction (when they can) to speak with guests and re-assure them that everything is okay.

The next quote finally broke me: “The court’s saying that this kind of injury is foreseeable and that (Disneyland) has a duty to warn people,” Geffen said.

Now, this ruling is significant – as you’ll remember previously that just a few weeks ago, I wrote about a similar lawsuit that was thrown out AND became part of case law. You can find that post here: “Ride at your own Risk!”

Ironically, the attraction – which was added in 1960, after the World’s Fair – was created in the hopes of spreading world peace via the youth of the world.

Apparently, it now should incite fear.

And really, Disney itself has played on this fear, which has made it more of a cult attraction that ever before. Remember these scenes from “The Lion King” trilogy? (Yes, they made three of them under Eisner’s rule)

And legally, we have to state that these clips of copyrighted material are being used under the “Fair use Doctrine” of copyright law, for discussion, criticism, education or parody. In this case, we’re using them as examples of Disney making fun of itself to educate the readers of this blog. We’ve even shortened the clip playtime to the smallest possible to make our point.

So beware, small world riders – you could find yourself in court the next time a ride song traumatizes you!

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