Disney Deemed Negligent After Incident Leaves Guest Disabled and Disfigured

in Walt Disney World

Disney's BoardWalk

Credit: Disney

For all its magic and fantasy, accidents, incidents, and injuries do happen at the Walt Disney World Resort. Unfortunately, in one incident involving a Guest staying at Disney’s Boardwalk Resort, a fall left her with pain, suffering, disability, and disfigurement. She is now suing Disney Vacation Club for negligence.

Spaceship Earth
Credit: Disney

Over a year prior to Disney World’s planned Boardwalk refurbishment, one Guest staying at the Resort through Disney Vacation Club was left with significant injuries after falling over “decaying” wood and an “uneven” surface. In public court records obtained via the Orange County Clerk of Courts, the Plaintiff’s claims against DVC can be seen.

Disney's BoardWalk at night
Credit: Disney

The Plaintiff’s complaint is as follows:

On or about October 19, 2020, the Plaintiff was an invitee at the aforementioned Boardwalk Resort owned, managed, controlled and/or maintained by Defendant when Plaintiff tripped and fell over decaying woods beams and uneven walking surface where the wooden boardwalk met the concrete walkway.

walt disney world boardwalk at night
Credit: Disney

Related: Guest Dies After Incident at Disney World, New Lawsuit Reveals

The incident at the EPCOT theme park Resort area Disney hotel caused the Plaintiff to suffer multiple physical and mental effects:

As a direct and proximate result of the Defendant’s breach of its duties, [the Plaintiff] suffered bodily injury and resulting pain and suffering, disability, disfigurement, aggravation of a pre-existing condition, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The losses are either permanent or continuing and Plaintiff shall suffer the losses in the future.

Disney's BoardWalk
Credit: Disney

According to the Plaintiff, Disney Vacation Club Management breached the following:

a. Creating the condition which caused Plaintiff’s injury;
b. Failing to timely and properly inspect its property for potentially dangerous or
unsafe conditions, including the one previously alleged; and
c. Failing to warn the Plaintiff of an unreasonably dangerous condition;
d. Failing to exercise reasonable care in the maintenance, inspection, repair, or
warning of the premises;
e. Failing to provide adequate and reasonable maintenance of the property,
including but not limited to any fixtures;
f. Failing to provide proper lighting on the subject premises;
g. Failing to provide reasonably safe premises in other ways which may be
determined through discovery.

The lawsuit between Plaintiff and DVC began in late April 2022, and as of June 8, litigation is still in process.

Spaceship Earth with fireworks
Credit: Disney

Related: Woman Suffers Head Injury, Brain Bleed After Disney World Fireworks Altercation

Unfortunately, this isn’t the first time incident resulting in injury has struck the Central Florida Disney Resort. Over the past few months, it has come to light that one Guest suffered lasting effects after getting injured at Disney’s Old Key West Resort, while another Guest visiting Walt Disney World Swan and Dolphin was left with violent bodily injuries after tripping over electrical cables.

Have you ever suffered an injury while staying at Walt Disney World Resort? Let us know in the comments down below.

Walt Disney World Resort boasts four theme parks: Magic Kingdom Park, EPCOT Park, Disney’s Animal Kingdom Park, and Disney’s Hollywood Studios Park. It also features two Disney water parks, Disney’s Typhoon Lagoon Water Park and Disney’s Blizzard Beach Water Park, and the retail and recreation area, Disney Springs.

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