When Adam got stuck on one of Blizzard Beach’s tube rides, he injured his leg and had trouble getting out of the ride. He had to wait over 15 minutes for a wheelchair, and then the medical staff at the water park treated him more or less the way a school nurse would treat someone—with a brochure, some water, and some ibuprofen.
Here’s the letter he sent to Disney describing what happened on his visit last month:
My name is Adam Roca, and I recently visited Blizzard Beach Water Park on August 14, 2008. On one of the rides, I became ejected from my tube and stuck on the ride. In addition, one of my legs became awkwardly stuck underneath me. In attempts to free my leg and move down the slide, I applied pressure on my other leg to free myself. My ankle turned sideways and I fell down the remainder of the ride.
At the bottom of the slide, I called to my girlfriend for help. She told the lifeguard we needed help, and was ignored. Being a trained lifeguard herself, my girlfriend got into the pool to help me away from the slide. She pulled me to the stairs, where she again demanded help. The lifeguard said she was phoning someone. After several minutes, she said that someone would be coming with a wheelchair to assist us.
In the meantime, people kept coming down the slide and haphazardly running into my leg. More time passed, and the lifeguard said the wheelchair had been moved, so we had to wait longer for someone to come and help.
In total, I waited more than 15 minutes, writhing in pain at the bottom of this water slide. Once the person came with the wheelchair, I was assured that the nurse at the on-site medical center would be able to assist me.
At the center, the nurse simply asked if I was able to bear weight on my ankle. When I replied that I was not able to, she handed me a brochure and said I could go there to get X-rays. I told her that I didn’t have health insurance and this wasn’t an ideal solution. She said it was up to me, and that they couldn’t do anything else for me. I told her I was at least hoping for some ice and maybe some ibuprofen, and she complied.
We then drove straight to Sarasota Memorial Hospital, a place where we knew I would be treated regardless of insurance status. They took X-rays and informed me my ankle was broken. I was then referred to a orthopedic doctor and set up an appointment. Within the next business day or two (either 8/15 or 8/18 around 2 pm), I called Blizzard Beach and filed an injury report and issued a complaint against the staff at the park.
At the doctor’s appointment, Dr. Klein confirmed I had broken my fibula, and in addition, I tore my ligament on the other side of my ankle. He said that I would need to get surgery to heal properly so that I could walk again. I had surgery on 8/22/08 at Sarasota Memorial Hospital, and I had a metal plate permanently screwed into my leg.
I have spoken to several lawyers since the accident. They seem fairly confident that at least a claim can be made to recuperate some of the money lost due to my ever-increasing medical expenses (at the moment, they total more than $13,000). Without medical insurance and living below the poverty level, I know this serious debt will mire my possibilities in the future.
I know Disney prides itself in providing entertainment for working families that’s safe and memorable. I would very much like Disney’s help in this time of need. I would particularly hope Disney would take responsibility for its loyal customers while they are on its very property.
Adam, we’re actually surprised Disney didn’t contact you to resolve this. If your letter doesn’t get a response, check out our post on how to write an Executive Email Carpet Bomb, and look here for Disney email addresses.
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Disney, the evil empire. I worked for them for so long, I can almost guarantee that an EECB will not work. Execs within the company are almost all taught to forward it to Guest Communications for the appropriate department.
And don’t try small claims. They will send some from their army of attorneys with all sorts of evidence that puts you at fault.
In short… Disney’s the only company I know of that’s impossible to beat.
Good luck.
@mkt3000: Yeah, Disney does have that reputaion, but can they REALLY claim that the OP is at fault here?
@Dyscord: I’d like for them not to, but I’m certain they will find some way to pass off the blame. They’re notorious for this.
I remember when I was a passenger in a car accident on property in a company vehicle… we were hit from behind at a red light (ie- other car was at fault), and the witness statement had a line that stated something like “what could you have done to avoid this” and they would not accept “nothing” as our answer. We had to put something in there.
I finally put “perhaps I should have taken a sick day and remained at home instead of being a passenger in a car that was hit.”
@mkt3000: There’s no such thing as a company that’s impossible to beat.
@CRSpartan01: There may not be, but Disney is so hard to beat, that it may well be an exercise in futility trying to do so. Like I said before… good luck. I want to see Disney beat.
Get well soon – and this is a good reminder to all to have health insurance (easier said than done!)…..
Wow, that’s harsh. I’m not surprised at about the nurse though. I didn’t think they would be equipped to handle something like this unfortunately.
This is just all kinds of fucked up though. Hopefully it works out, since it IS on Disney after all.
So, I worked at Blizzard Beach and I currently work for WDW. There is some fishy stuff in this story. I am not blaming the victim. I saw many injuries while at Blizzard beach and the other parks I have worked at; any time someone is injured on Disney Property they are sent to the Celebration Hospital aka Florida Hospital. The Nurse at Blizzard would have told you this, instead you went to a hospital way out of the area. Maybe that is where you live but it’s pretty far away. If you had gone to Celebration you would have been able to work with Disney more closely to help cover your cost.
Please not at each and every lifeguard station there is an E stop which notifies base there is a problem and it is recorded and a coordinator or manager is sent over.
Believe me when I worked at this park there were many problems, but response time to someone injured that wasn’t life threatening could take at least 10 minutes. Depending on where you are in the park in relation to base. IT IS ONE OF THE LARGEST WATER PARKS IN THE US.
I’m sure Disney is taking your response very seriously and will use it in any upcoming in-service training sessions.
Ummm… what is someone living below poverty doing spending all their meager earnings at Disney? Not that I’m blaming the OP! But, I would like more information.
There should be a happy follow up to this. Disney does take pretty good care of people (usually). Just keep in mind that the nurses at Disney have very limited options that usually include OTC pain meds, ice, comfort measures, and calling an ambulance.
@mrsultana: so nice of you to blame the victim for being poor. poverty is no disgrace, and I’m more than certain a trip to disney (whatever) would have been a once in a lifetime vacation. I know I’ve wanted to go since I was small and now that I have kids, they are bugging us to take them. I don’t think it’ll ever happen – Canada’s Wonderland for us.
@North of 49: I said it would be interesting to get more info. Definitely not blaming the OP. And did I mention the disgrace of poverty? So nice of you to not read my post.
@North of 49: not even a matter of once in a life time. unless he went to disney 5-7 times this year, it didn’t cost him near as much as private healthcare for a year.
@mrsultana: For all you know he got the tickets for free. It has absolutely no bearing on what happened here.
Ah, theme-park employee apathy.
@mrsultana: That is a pretty extreme assumption. If it were between taking care of your kids, family, going to school, making car payments in order to get to work, car insurance [which could possibly include some personal injury package], or anything else along those lines, personal health, for some, will fall very low in order of importance.
@madog: I read the article, read a commenter’s post about “below the poverty line”, did a search on the page, still didn’t find anything.
Had to read through it a second time to make sure I wasn’t losing my mind after I read another commenter who posted about “below the poverty line”.
So, that’s what my original post was referring to. Had no idea why people kept saying that.
=P
The thing that makes me most sick about the situation isn’t Disney’s response, but that having a simple accident costs over $13,000. That’s like walking down the sidewalk one day, accidentally bumping into someone, and them suddenly saying “oh hah hah, congratulations, you just bought a new car!” Except you don’t get the car, just the bill.
I don’t have health insurance either and I have to say, being financially devastated in seconds because of a simple accident like this is something that causes me significant worry. That’s more concerning than a couple line employees not taking their job seriously and making you wait 15 minutes in pain. The bill will be with you for years.
@goodkitty: Even with Health Insurance, $13,000 is ALOT OF MONEY. I severely dislike the cost of medical procedures in this country. Its ridiculous.
That’s quite like what happened when I went to my local theme park. Only it wasn’t nearly so serious. Yowza.
I was on an inner-tube ride, and when I got to the end my toe got stuck in the drain/grate as I was trying to exit. Someone on a tube hit me from behind. It was ~20 years ago and was just a broken toe and a sprain (I can’t even remember if it was my ankle or foot), but my toe is still messed up and hurts to walk on in bare feet or flat shoes.
I was too young to fight it, but my family had no luck having them pay for it. It took a long time for a wheelchair because it took a long time to get it to that area of the park. But I think they were rushing- they wanted that screaming kid away from the people having fun ASAP!
I hope Disney opens it’s wallet for you. Things like this shouldn’t be so hard to make right
I agree with other posters in saying, if you are living below Poverty level, what are you doing going to Blizzard Beach (which is not cheap)? An entrance to Blizzard Beach last time I went was around $35, which is a pretty hefty price for someone “below the poverty level”. Add on top of that some very hefty food and locker prices and its not a place where someone poverty level is going.
The whole story sounds very fishy to me. I’ve been on the Blizzard Beach tube rides and it would pretty hard to fall out of them unless you were horsing around or purposely trying to fall out of them.
I also found it hard to believe that you were anywhere close to the slide exit for a supposed 15 minutes with others crashing into your leg. First off, I have personally seen Disney employees clear out guests who are anywhere near the slide exists for too long and second, from what happened afterward, it sounded that you were in a good enough condition to have moved yourself to a safer place. You were in water and could have easily moved yourself! I say this from experience because i have been injured in deep water (separated shoulder) and was able to move myself with little effort.
I’ll come out and say that I see very little truth, a lot of exaggerated details, and a lot of missing details from this story.
Next time maybe you should spend the money you spent going to Blizzard Beach on paying for some health insurance.
@Rojma: There always has to be at least one person to blame the OP.
Care to read the rules of the comments there Rojma? I wonder if the editors track down your IP, if it would come from disney.com
@Rojma: Honestly. You wouldn’t have had a problem with Dell customer service if you had donated all your money to UNICEF instead of buying a laptop!
Maybe your broken washing machine wouldn’t be a problem if you were a nudist!
That dead snake in your spaghetti at Applebee’s could be avoided if you simply made your own food at home!
We should all just sit in the corner of our bedrooms in fear, feeling bad about the money we spend and the choices we make, and companies can do whatever they want to us just because we choose to purchase items or services instead of stuffing every penny we earn into a bank account. Oh wait, the banks want to screw us over too. I guess we just have to DEAL WITH IT.
Yeah, obviously that’s EXACTLY what the Consumerist website is ALL ABOUT.
@Rojma: No, Rojma, the second that lifeguard at the bottom caught on that he was in any way injured, the “stop/go” lights at the top of the slide should have been set to “STOP” and that guard should have been IN the water with him helping him while blowing her whistle to signal lifeguard who are not in position. None of this half-assed bullshit. When it is done absolutely right, companies don’t get sued. Which is why if any managers at Cedar Point/Soak City see a guard so much as look away from the water they are guarding, they get written up for the first offense, and put on “trash duty”, and then the second offense is termination. Sometimes it’s just flat-out termination, depends on how the manager is feeling that day.
@Rojma, @mrsultana: Wow. You both make me SO proud to be an American. Good job!
@Rojma: Completely agree. Something doesn’t sound right here.
“falling” out of the tubes is extremely difficult unless your doing something your not supposed to (like trying to stand up).
As for what someone who defines themselves is doing at Disneyland, which is virtually unaffordable to many in middle class… that raises an even bigger question.
Either the OP is extremely irresponsible and reckless… or this story has some missing components.
If I had to guess, the OP is “below the poverty line” if they relied on their own income, rather than live at home. In that case, virtually all teenagers and college students are living in poverty. And in this case he doesn’t have insurance.
That day at the water park could have paid for a month of health insurance.
This just doesn’t add up.
@2719: Yes, he should have saved up that $35 and bought health insurance with it. Wow. I get the impression a lot of commenters here have jobs where their health insurance is paid for, and therefore have NO CLUE how much it actually costs. Hope you folks never find out the hard way.
I don’t know whether or not the OP is responsible for the accident, but he really shot himself in the foot (sorry) with his comments about ‘several lawyers’. You don’t see ‘several lawyers’ if you have a viable case; you only need to see one, or maybe two if you want a second opinion. He doesn’t say he HAS a lawyer. He also says that the opinion he got was ‘at least a claim can be made’ – well sure, you can always file a claim with Disney, but that is a far cry from an attorney saying “Your case is solid enough for me to represent you.” If I were a Disney lawyer, I’d be assuming that this guy got some bad news from potential attorneys about how likely he was to recover.
I am going to be devil’s advocate here and say that: sometimes you when you slide down giant tubes filled with water – not something our bodies are designed for – and you multiply that by hundreds of thousand of people – no matter what Disney does people are going to get injured.
You have to take some responsibility when you have fun on these rides. I just don’t hear anything negligent in Disney’s operation of the ride.
As far as their response to his injury, it was plain shitty and unprofessional. But I don’t see Disney’s obligation here. If you tripped while walking down Mickey Avenue (or whatever) is that Disney’s fault? Did you really think that no one ever gets injured while riding down a giant plastic tube greased with water?
I’m sorry but not everything can be billed to Disney when someone gets injured.
@twophrasebark: WTF? So it’s his fault for going on the ride in the first place. If you’re walking down Mickey Ave. and you trip it’s not immediately Disney’s fault, but what if there was a crack in the pavement that had been there for many weeks? The ride malfunctioned somehow, and it’s not the OPs fault for going on it in the first place.
This is the second time that someone’s been injured there in as many weeks. I’ve never wanted to go to Disney, now I even don’t want to go more.
I like Typhoon Lagoon better. The Wave Pool kicks all kinds of ass.
What? I used to be a lifeguard for Cedar Point. We had a man break his arm on one of our slides and I was the lifeguard at the top of the ride. He was down around the first corner, closer to me than to the bottom, and as soon as I heard “HELP” you bet your ass I was on the phone to the lifeguard at the bottom of the slide, the water was shut off immediately, and I walked down the slide to him to keep him calm until the guards with a stretcher came (precautions, anyone with a bone injury automatically must be restrained and the limb immobilized). So on and so forth until he was safe and sound. The entire process took 15 minutes, even with the 15 flights of stairs the guards had to climb. The job of the lifeguard at the top is to make sure the riders get to the bottom safely, and the job of the guard at the bottom is to make sure the guest can get out of the pool. When there is ANY injury, mass-whistle-blowing starts and a half dozen lifeguards, including team leaders and managers, come running.
If this would have happened on my watch at Cedar Point, and I did nothing, I would have been fired on the spot and sent home. Period. Something like that could have resulted in him drowning at the pool at the end if his girlfriend hadn’t been there. And here I thought that all water parks were held to such standards like mine was, since there is so much liability…
err… I’m not exactly blaming the OP but I have a few concerns. By entering the park, don’t you essentially assume the risk of a water park, much like you do when you ski?
I’m also going to bet you that it was not 15 minutes to get a wheelchair. Since you’re in pain, the time may feel that long.
I really can’t take that much pity on you for not having health insurance. That’s the risk you take for not buying health insurance, income level regardless.
I fail to see how this is legitimately worth $13,000 of Disney’s money. Of course you’d get it to shut you up. But you went on a water park w/o health insurance. It’s a risk you assume by entering Blizzard Beach. There wasn’t negligence on the lifeguards part. You would have to prove that by making you wait caused a far greater extent of your injury.
@morgan
The point is, if the OP felt compelled enough to mention that he is living below the poverty level and does not in fact have health insurance, maybe he should consider the risks he takes by going to an expensive theme park that has an inherent risk to it.
@í•œêµì–´/ì¡°ì„ ë§: He’s at more risk traveling to and from work, of course, so I presume you think he should curtail that travel too.
There is no income level below which people are morally bankrupt for spending money to enjoy themselves.
Don’t “enhanced risk” type venues like water parks, grand prix style racing, etc – have weasel word waivers posted and on the back of the tickets?
The OP needs to get a lawyer or contact some form of legal aid ASAP. In a lot of cases, personal injury lawyers lawyers will work on contingency basis (they get paid only if you get paid). If you can’t get anyone to take the case, I’d try legal aid or small claims court. There is a statute of limitation of things like this, so you gotta move fast.
@Meshuggina: And this is why our medical system is in shambles. Lawyers who are willing to sue anything to make money. When I was 22 I didn’t have insurance til I got a real job. Quite frankly I didn’t change my lifestyle much but then again I was 22. To tell this person not to do things like that is silly b/c a waterpark should be a high fun low risk experience. This person by all means should have gotten help but to expect full medical treatment there at disney is not appropriate. No one ever wants to ask what does personal responsibility means? You’re poor and you have no insurance. Sorry but so are a lot of other people, like my parents who immigrated to this country and did it all on their own. I’m sorry you had so much surgery and it cost a ton but now it’s your chance to take responsibility for yourself. Get a better job or go to school so you can get a better job. This is not your opportunity to get rich from lawyers, this your opportunity to learn self responsibility.
@coolkiwilivin: No, our medical system is not a shambles because some people file lawsuits. Please stop getting your information about the medical crisis from insurance companies.
@mythago: You’re right, I get them from Doctors. Medical malpractice insurance has skyrocketed over the years. My wife used a Birth Center with Midwives a few years ago. They shut down after the birth of our son b/c their insurance was going so high that they couldn’t afford to stay in business. but you’re right it’s not just the lawsuits, it’s treating anyone who comes in whether they have insurance or not. Look at the border hospitals that are being overwhelmed by illegals who can run across the border in an ambulance and won’t be stopped and then deliver their kids without paying a dime. they won’t pay but you and I will. So you are correct, it’s not lawsuits but it’s a large portion of it.
Before you make a comment on the site, read the comments code. This paragraph in particular:
And Adam, if you’re reading this, please understand that the overwhelming majority of us are rooting for you to see the right thing get done and hoping for your quick recovery. Don’t let a couple – literally – poor specimens of humanity think otherwise.
@Trai_Dep: The comments code says: “Don’t attack people. Assume good faith.” I hardly think calling other posters poor specimens of humanity is adhering to the commenting code for this website.
Horrible picture text ever. Made no sense. STOP SUCKING GUYS!!
You know, the whole “should have had health insurance… it’s his own fault” argument would carry a lot more water with me if I had ever heard it uttered by a poor person.
Unfortunately, this is not an argument you can win the “he had it commin’” types: if I told them that the majority of the poor don’t have health insurance, they’d just say “makes sense… they’re poor AND stupid.” If I mentioned that–at the current annual health care inflation rate of 18%–in a few years the poor would have to pay more for health insurance than housing, they’d just say “well then maybe they should work harder to not be poor… serves them right for being so lazy!” If I told them that even if they got a better job, fewer employers are offering insurance… well, you get the idea.
Ahh… it must feel good to look down on the world from such unassailable heights.
@PurplePuppy:
That’s the risk you take when you go without health insurance. I don’t care how much money you make (or don’t make), nobody said it was fair and because he chose to take a risk and go without insurance he’s now trying to pin his financial troubles on Disney. The sad part is that he will probably extort a fair amount of cash from Disney before this is over with…
Ok, to clear up some things. Yes, there is an inherent risk any time you go to an amusement park and ride a ride. Assuming the ride itself is not at fault, which a quick once over by maintenance can show, the problem in this case is the lack of any type of policy when an accident like this happens.
The fact that he wasn’t moved out of the exit of the ride, and it continued to be open to customers might injure him further when a person bumps into him. That’s where any type of lawsuit would happen(along with no maintenance person looking over the ride). The staff obviously wasn’t trained to deal with any type of medical situation.
I hate to say it, but Disney will probably not give you any money without you getting a lawyer and starting a suit against them for negligence.
I find this story rather unusual. While obviously, I was not there several things in this story make me suspicious.
First, I have worked closely with, but not for , Reedy Creek Fire Department. These are the paramedics,EMTs, and fire fighters of Walt Disney World, and the surrounding area. They are, in my opinion, the most well equipped, and trained public safety agency in the state, and I have seen dozens if not hundreds. I have seen them respond to headaches, broken teeth, insect bites, and all manner of mundane items. A sprained, or broken ankle? No sweat. That, and the fact that one of their stations is literally down the street from Blizzard Beach make me think something’s up.
Secondly, Sarasota is about 150 miles away from Orlando. If you were in severe pain, you could be seeen, or at the very least triaged, at any hospital, regardless of insurance. Florida Hospital Sand Lake is within 5 miles of Blizzard Beach.
I’m not saying that the submitter is completely at fault. I am saying that this could have gone much differently.
@loueloui: I agree with you, I smell something not right with this story as I do with a lot of stories here. There are obvious things in the story like saying his girlfriend helped him to the stairs and then says “In the meantime, people kept coming down the slide and haphazardly running into my leg.” Well, which is it? If you’re on the stairs then people aren’t coming down the slide and running into your leg, are they?
I personally have experienced the great response time and care that the EMTs that work the Disney beat give. I can’t believe if this guy was really injured this badly that he’d have been allowed to walk away. It just doesn’t make sense.
Most of us in Central Florida know someone that can get us into Disney for free. It’s what a lot of us can do for fun when money is tight… like right now.
Insurance is a non-issue here. These rides should not exist unless Disney is willing to accept the liability. They would NEVER let you fall down a giant tube unharnessed in Epcot Center, but for some reason they go by a separate set of standards for their water parks… probably too much pressure from every other water park on the planet to push the envelope regardless of safety.
Those that CAN afford and CAN get approved (You try getting it when your line of business doesn’t offer it and you have a severe case of asthma like me.) for insurance don’t deserve to see their premiums going up because people are breaking their legs on the newest, steepest water slide.
Side note: I went to Blizzard Beach last year and came home with dozens of little bites up my entire body that did not go away for two weeks. I do nnot go to water parks anymore. I thought I had a staph infection or something awful.
@QquegChristian: Disney shouldn’t be expected to accept liability for any injury that happens.
Every ride carries risk to the rider; risks that the rider accepts when he or she enters the park. Of course, the rider has to make the assumption that Disney is properly maintaining the rides. –If negligence can be shown in that respect, and a reasonable assumption can be made that it caused the injury, then by all means, go after them. But if a rider was doing something he or she shouldn’t have been doing, which is usually the case when people are injured, then it’s the rider’s fault, not Disney’s.
We don’t really know how Adam managed to lose his tube and get stuck on the ride.
Personally, I don’t care about his insurance or poverty status, beyond the fact that I think health insurance needs to be available to everyone and that we do need to work harder at eliminating poverty in our own country as opposed to wasting money in certain middle-east countries.
And loueloui makes a good point… If you’re badly injured, you should be going to the closest hospitable regardless of whether or not you have insurance. Doing otherwise is obviously suspicious.
@Tallanvor: At this point (and from the beginning), it’s in Disney’s best interest to cover the guy’s injuries and take care of it quietly. The bad press will cost them more in the long run. They have insurance to cover situations like this and they should use it.
As far as him being at he park in the first place – maybe he saved for a whole year to go to the park. Maybe he got free tickets. Maybe they were paid for by a friend in exchange for yard work. It doesn’t matter!
The point is, he was injured in a Disney park and they should have handled it better. If they had, we might have a story on the consumerist stating, “I was injured at a Disney park and look at how awesome they came through for me! I feel safe and secure going there and bringing my children there! Kuddos to Disney!!”
Instead, we have this.
Furthermore, I would have hoped that any serious injury on a ride would warrant more of Disney’s attention. What if it’s related to a design flaw or if something is broken inside the ride? They just continued to let people go down?
That’s pretty messed up.
@purplesun: If it was handled the way the poster described (I’m not saying it wasn’t, or calling him a liar), then yes, Disney could have handled things better. However, that still doesn’t make them liable.
Also, Disney’s insurance may very well not cover every possible injury. I used to be involved with a yearly event, and our insurance was limited to liability insurance. –If it was our fault that the person was injured, it could cover it, but if something happened to a person because they were doing something they shouldn’t have been doing, and was outlined as being in breach of the event rules, then we were not liable, and our insurance wouldn’t cover the person’s injuries.
I’m all for standing up to big corporations when they screw up, but so far, there’s nothing here that says the injury is Disney’s fault. –For example: maybe Adam tried to stand up for some reason while on the ride, but lost hold of the tube and fell due to the water rushing down the slide. In this example, if he had remained on the tube, which the rules probably stipulate that he do, the accident wouldn’t have happened in the first place, and Adam would have gone on enjoying the park. I’m not saying Adam did this, but I’ve seen similarly stupid stunts like that at water parks before.
Besides, I don’t want to have to pay more to get into the park because Disney is paying for medical care when it wasn’t their fault. If it was their fault, then yes, I want them to take care of the injured person.
And as I stated before, his status above or below the poverty line isn’t relevant to me. However he chooses to spend his money is up to him.
Of course, it seems to me the bigger question we should be asking is why America is spending over $2 TRILLION on health care every year and still isn’t able to provide coverage for everyone, and we’re paying 50% more per capita than the nation with the next highest rate: Switzerland, who does provide healthcare to everyone in their country!
@purplesun:
It would be better for Disney to pay off every guest that complains about an injury happening in one of their parks in lieu of the bad press?
I think we can all see the implications there.
I feel for the OP and hope that things work out for him. There are however more unscrupulous people out there that might take advantage of a situation like this.
Whoever says instead of spending the money to go to Disney on health insurance is mentally retarded. I am pretty sure a decent coverage costs 200$-300$ depending on where you live and what you want covered. My cobra plan used to cost 450$ a month and now I am proudly uninsured… However the story might have a little bit of exaggeration to it… but Disney should have at least drove the poor guy to the hospital and at least paid for some of the bills…
However, to follow up (too hasty w/ the mouse), usually the legal wording on the park signs and ticket backs pretty much says the user is aware of the risks and, by getting on the ride, waives any liability of the park management.
That may be legal boilerplate, but good faith from Disney should at least pay for the medical bills. Personally, if they don’t offer I would go to the press and have a story written about it. Not that Disney really cares about people (just search the ‘net) but no company likes bad publicity.
I’m still trying to figure out how you can become that stuck on an inner tube ride; those pipes are big.
: @crystalattice:
: @QquegChristian:
QquegChristian’s right, there’s “other ways” to have some fun and not be a totally depressed lump when you’re unemployed or under-employed.
For instance, I got to tag along on a trip to Victoria, BC with a family a few years ago when I was working through collage. Besides generosity and trade-for-services, other ways you can get free fun stuff is through winning prizes… remember, between job interviews you’ve got a lot more time to fill when you’re unemployed; it might as well be spent filling out entry forms and calling radio shows.
I think what really shows is that some people believe that if you’re unemployed or under-employed, you must be “bad” in some way, and therefor must suffer punishment, not reward.
Geez, see a counselor already.
@crystalattice:
I believe Disney has their own hospital, since nobody is declared dead on park grounds.
@cashmerewhore:
That’s a negatory, good buddy. An urban legend:
[www.snopes.com]
@cashmerewhore:
What most employees call “Disney Hospital” is actually a very souped up employee health clinic. They can treat breaks and other minor hospital-type injuries, but only for employees.
What many people in Orlando call “Disney Hospital” is actually “Florida Hospital Celebration” (for the town outside of Disney). It is operated by the Florida Hospital System.
No way Disney would take the liability of their own actual hospital! What if something went wrong? It is the same reason that with all that land they never opened their own airport.
@tape:
The nurse is not there to do an assessment in the way a hospital nurse is. They are the equivalent of a school nurse. Someone has a headache? Give them an aspirin. Fall down and get a boo-boo? Get a Goofy band-aid.
@cashmerewhore: I think that’s standard practice everywhere — EMTs can’t declare someone dead, that can only be done once the body is examined by a doctor.
I’m really surprised that the OP was treated so poorly by Disney employees. Not because Disney genuinely cares, but because they wouldn’t want to leave an opening for bad press or a lawsuit. I wonder if he hit a string of badly trained or apathetic employees?
As for the OP earning below poverty level and enjoying a day at the park: it sounds as if he and the girlfriend live within a couple hours’ drive of WDW. A one day roadtrip to the park for two costs considerably less than a single month of health insurance.
@cashmerewhore: in either 1999 or 2000 [can't recall] that became untrue – a drug deal went bad at the house of blues at downtown disney, on disney property. they didn’t find the body for two days. so unlike previous circumstances where the emergency services [on property emergency services, but the hospital isn't, guests go either to celebration hospital or sand lake hospital] continued to resucitate until arrival at the hospital to be pronounced DOA, the mysterious circumstances and the federal agents meant that for the first time ever a coroner was allowed on property to declare the victim dead at the scene for the crime scene investigation.
i was working the night they found the body at disneyquest, across from the house of blues, and our doors were blocked off in the front for the crime scene. part of my job that night was to direct people away so they wouldn’t see the meat wagon there to pick up the body.
the only other one i know of was a disney hotel guest, elderly, who went out to his car in the middle of the night to sneak a cigar and had a heart attack. the next morning his wife reported him missing. by the time they found him it was waaaaaaay too late to resucitate.
and in case you ever wonder why you don’t hear ‘lost people report to location x’ over the PA system…. if you ever do, watch the crowd. you can tell who works there but is visiting the park on their day off by the way they stop and look upset or shocked – they know that the only way a PA announcement like that will be made is if someone is dead or dying.
@catastrophegirl: err… ‘i was working at disneyquest, across from the house of blues, the night they found the body at the house of blues….’ sorry, can’t form a sentence before my second cup of coffee apparently
what ride was it?
Many people have mentioned the legal language on the back of the ticket that states that the ticket bearer is aware of the potential risks and excuses Disney of liability if they get injured on a ride or otherwise.
That’s fine, but the ticket does not also excuse Disney from liability from their own negligence. A lifeguard (LIFEGUARD!) not assisting an injured person out of the water and merely stating that he’s called someone and they should be on their way while the injured person continues to be struck by oncoming riders and possibly injured further is EXTREMELY negligent. A nurse performing no actual examination of any sort and merely asking if you can bear weight on an ankle is also negligent.
Certainly, there is the basis for a liability suit here based on negligence. And Disney would no doubt want to sweep that under the rug as quickly and silently as possible if it ever came up (it certainly couldn’t be good for their reputation for the public to believe that the health/injury response staff essentially does not respond to those injured in their parks).
@tape: There’smore to this than the OP is saying. I’ve never known a pool where a lifeguard wouldn’t get pretty angry at you for staying in the splash pool at the bottom of a slide. I’d guess he was at the far end, already pretty close to the steps where the lifeguard judged he wasn’t in danger and the lifeguard was busy reporting the incident, asking CCTV operators what happened and calling the nurse.
He wasn’t struck by other riders coming down the slide. He was brushed by them as they carelessly ran past exiting the pool(he was already at the steps by that point.)
The lifeguard probably wasn’t trained past basic first aid and resussitation techniques so once he was out of danger it’s probable his training states not to move someone injured (as it can make injuries worse and open up all sorts of lawsuits).
I don’t know what the situation is in Florida, but in Ohio state hospitals have aid (see write off) programs for people living within 200% of federal poverty guidelines. I know this could be a lawsuit, but try to work with the hospital as well since it could be years before your medical bills are paid by the responsible party.
“Without medical insurance and living below the poverty level, I know this serious debt will mire my possibilities in the future.”
*sigh*
I’m pretty sure Disney has disclaimers about personal risk on watersides and i don’t see anything negligent they did (the delay didn’t cause the leg to get broken or the ligament to get damaged) and i don’t think it’s reasonable to expect disney to provide full medical care for all it’s guests.
As for the lack of insurance well i hate to blame the OP but that is the Op’s fault. he willingly went on a waterside (which has inherent risks) without medical insurance. That is no one’s fault other than the OP’s
working at a hospital, i know for a fact that if he had insurnace that bill would have been way below 13,000. they jack up the price to the 100% of the total. for instance at a time in my life years ago I did not have health insurance, an er visit cost me 1000+, if i had insurance the bill would have been lowered to 248.75, and that is what is wrong with this country’s health plan.
I think I’m going to have to call, BULLSHIT! You see, that letter was very well written. Very few people who live below the poverty line, write so well. You have a car, you’re going to Disney, but you live BELOW the poverty line? but you didn’t call 911? Lost of people all around you, bumping into, yet you didn’t draw a crowd? Nobody called 911? I find it hard to believe.
If I’m wrong, put your tale of woe on video, including names, dates everything, and circulate.
If I’m right, tuck your tail between your legs, and quit bothering people.
@graceless: You’re really going for the gold with stereotyping. Many people living below the poverty line write very well. Some are even published. Many people who are currently poor are college educated and have hit a bad patch. Hell, Hubby and I are so far below the line, we can hardly see it! And yet, I can write and use grammar (mostly) correctly.
And before you ask, my family is paying for our internet service in exchange for taking care of my grandmother part time.
@graceless: @rshettle: @abigsmurf: @crystalattice: People. Chris posted in this very thread to remind you of the rules, but you still continued. This is a warning – blaming the poster is against the rules – do not do this again.
Comments towards the victim are to be constructive and helpful. We do not need to tear submitters to pieces.
@Consumerist-Moderator-Roz:
Since when is saying what you think happened ‘blaming the op’? Sometimes there are reasonable explanations for things that happen happen. This is a consumer site but why should that mean we shouldn’t try to understand why events unfolded like they did?
Am I blaming the op clarifying that the OP was at the stairs when people running out brushed up against him rather than at the bottom of the slide getting struck by people flying out of the slide? I’m not saying anything that wasn’t in the text, nor does this say it’s the OP’s fault. It’s clearing up confusion that’s occuring with people.
Explaining why the lifeguard may have taken so long also isn’t blaming the OP.
All I’ve said is there’s probably more to this than the op is saying, which is probably true. It’s important to have as full picture of events as possible to get a clear view of what went on.
To me it seems that the rule “Don’t blame the OP” is being read as “assume the company is evil”. It’s often more than possible that the OP did the right thing (or did nothing wrong) and the company also did the same.
An explanation or alternative view point can sometimes be far more helpful to people than “Wow, XYZ sucks, I’m going to go to ZYX in the future!”
@abigsmurf:
Agree completely, and furthermore, the amount of money the OP makes (or doesn’t make) is really immaterial to his injury here. The OP’s argument would have just as much bearing if he were a millionair who chose to go without insurance. For that matter his lack of insurance has absolutely no bearing on his case against Disney nor was his financial situation the reason he was hurt. I sympathize with his predicament but his monetary situation is irrelevant in this case. If he truly has a case against Disney then he should take them to court.
@Consumerist-Moderator-Roz:
Point taken and I would like to appologise for “attacking” the OP. This should, however, be a stark reminder for the rest of us about the risks of going uninsured. I wish the OP the best of luck in his case and hope he recovers quickly, it is an unfortunate incident.
@graceless: Most graduate students live below the poverty line.
@graceless: Wow. I’m almost speechless at your insistence that the message is written too well to come from someone in poverty. You should be ashamed of yourself.
First off why where they at disney? Even for florida residents its still expensive.Also doesnt disney have warning at their parks telling you they arent responsible?
Also how did he get dumped out of his tube? I honestly think there is something he is leaving out. Here at splish splash the only way to get dumped out of your tube is for you to be goofing off. I really dont see a lawsuit going anywhere.
@abigsmurf: “The lifeguard probably wasn’t trained past basic first aid and resussitation techniques so once he was out of danger it’s probable his training states not to move someone injured (as it can make injuries worse and open up all sorts of lawsuits).”
True. My husband trains lifeguards at Disney. They are taught shallow water and/or deep water rescue procedures, and they are trained that if there’s an accident, injury, or rescue, the first thing you do is radio a supervisor and get the victim to a location where they can be stabilized for additional assistance by EMTs/paramedics. And that kind of radio call brings people running from all over the place. Lifeguard coordinators, management, the works.
I can believe that the OP was hurt at the water park. It’s fairly easy to do something less-than-advisable and get tossed around at any water park. But if the OP was that badly hurt, Reedy Creek fire/rescue would have been dispatched to help the OP. They’re good at what they do and handle stuff like that all the time. Driving 100+ miles to get an injury looked at by a medical professional is a choice, not a necessity, so I’m wondering what else we’re not hearing with this story.
So, if you’re poor you can’t have fun. Instead you are supposed to just sit at home all day and stare at the tv. All of you people blaming the victim and saying crap about being poor are all destined to fail. Really.
@crescentia: so who’s fault is it that the OP has no insurance and decided to go down a water slide? Disney?
I do agree that the attacks on them ‘being poor’ are out of line. We don’t know if another family member paid for the tix or got them for free somehow and honestly tix to just the water park aren’t that much.
Um, has anyone considered other ways that this fellow could have gained entry into the park? Native Floridians gets a steep discount. He could have won a ticket in a radio-station call-in. He could have been given a pass for his birthday. Let’s stop assuming things about the injured guy and start being surprised at how poorly Disney handled this, especially considering their reputation.
I’m sure they have liability insurance for this kind of thing, and while it may not have been Disney’s fault that he fell out of his tube (though maybe it was! it could have been underinflated), the wait certainly caused him pain and suffering, and may have exacerbated the damage.
I’m just wondering if the OP drove the approx. 120 miles (2 hours away) to Sarasota b/c he knew of that hospital would take him? I am NOT trying to blame the OP, I’m just wondering why he didn’t try to go to a local Orlando hospital.
As far as him living below the poverty line, he could be a college student. In some states, once you reach a certain age, you’re no longer allowed to be a dependent on your parents insurance, so maybe this is the case.
I just don’t think it rings true. I figure (I’m guessing) a day pass, w/o refreshments $50 each person. I don’t mind him being without health insurance, if he’s young and without big deal disease or conditions, that’s a good way to go. But if $50 is a lot of money to you, it’s a lot of money to you. Plus, he brought his girl, that’s a hundred. Few people who write as well as he does, and are on their own are below the poverty line. Okay, maybe somebody snuck him in, fair enough, but nobody called 9-1-1? Not even his lifeguard girlfriend?
Disney has been in business a long time. $13k is not much money to them. If this is true, and I don’t think it is, bad press is his best option. If he’s lying, he’ll screw himself.
You should try losing a kid at one of Disney’s parks!!!
They absolutely will NOT help you as they “don’t want to disturb other park goers time”!!!
As a former lifeguard, if he was injured the guard should have stopped the ride until he could be taken safely out of the way. As far as ride design goes, where was the OP waiting for the wheelchair that he was still getting hit by people coming down.
While I don’t think Disney is at fault for the injury, the lifeguard needed to take control of a situation like this, stop the ride, and provide care as soon as he got to the bottom of the ride. Anything else is unacceptable.
@Bakkster_Man: Exactly. There is no way of knowing how much injury was caused by awkward sliding and how much was caused by people continuing to knock into his leg because Disney couldn’t do the simple thing of shutting down the attraction. Fine. Things happen. But Disney employees stood there and watched as the injury was mulitiplied and did nothing. Had they acted responsibly, this man might not now have a broken ankle.
Being below the poverty line has nothing to do with this. Florida residents can get an ‘after 2:00′ pass to the water parks for $60/year, or a regular season pass (no time restraints) for $120.
That being said, I’ve never seen a life guard allow someone to hang out around the pool below a water slide for any reason…even if you hit the water hard and come up barely breathing, the first thing you’ll hear is the lifeguard yelling to get out of the water.
Its extremely easy to live below the poverty line. According to Wikipedia, the poverty line for a family of one in the contiguous 48 states is just over $10,000.
Assuming the OP works 40 hours a week at a $7 an hour job, he earns just over $14,000 before taxes. Assuming a basic tax deduction from his paycheck, its easy to see how he is at or below the poverty line. If he’s supporting more than himself, or making minimum wage, this is even more possible.
Don’t fault the kid because he’s got no health insurance. Its fucking expensive! Mine’s $100 a month!
@Oranges w/ Cheese: $100 a month? Is that a joke?
Carrying your own private health insurance (ie not one subsidized/group-discounted by one’s employer) can easily cost $400 to $600 a month for a single person, more for a family.
I’m hoping you mean $100 a month out of your paycheck as an employee contribution.
@Evil_Otto: There are individual plans for under $100 (for instance, Kaiser Permanente) if you accept a higher deductible and co-pays and you happen to be in your 20s. It’s not exactly my favorite model of health insurance, but I suppose it beats nothing.
@_catlike_: that probably depends on state too. when i was looking for insurance i couldn’t find anything less than $300ish/mo at my income level. that was completely unaffordable but i didn’t qualify for medicaid either.
@katylostherart: True. The example I game insures the the West Coast and larger markets on the East Coast, so your options may be very limited depending on your location.
@_catlike_: haha oh i’m completely nyc metro area east coast. i SHOULD have options. they just put a new plan into effect for the po’ folk in my state just as i got insurance from my employer. so now i can’t get that one but my employer insurance has a crappy deductible that i can’t afford. but i feel better knowing that now if i get cancer someone else is stuck with the bill.
@_catlike_: Unfortunately, many of those low cost options aren’t available in every state (Kaiser, for example, is not available in Florida) and the low price doesn’t take into account pre-existing conditions which can either drive cost upwards or result in coverage being denied completely. Which is a crying shame.
Regardless, there’s a huge discrepancy between spending $50 for a day of fun (IF the OP even paid and didn’t receive passes) and spending $1200 for a years worth of insurance, and I’m shocked that people insist on judging the OP’s priorities based on a presumed amount of money spent for a single day.
@_catlike_: Just to clarify: I wasn’t implying that you were passing judgement on the OP! You were just providing helpful info about low-cost insurance plans…the second half of my comment was directed at others.
@CCS: Oh, I totally got that. I was just trying to be helpful. I’ve waged the individual health plan battle myself and looked in disgust at healthcare costs and the lack of available options for the uninsured. I ended up in the emergency room two weeks ago because I couldn’t stand up straight–I don’t want to know how much that would have cost sans insurance. I guess I’ll find out when I get my benefits statement. Yay.
@_catlike_: Oh, good…I’m glad it didn’t sound like I was chastising you. Not my intention at all.
Sorry to hear about your trip to the ER! Hope you’re feeling better. And yeah…the expense of an uninsured visit is absurd!
Hmm, below the poverty line so he obviously shouldn’t be able to create a well written letter, go to Disneyland, etc. – wow.
Could the OP be in our MILITARY, defending our country? Could the OP be a STUDENT, struggling to survive, despite our insanely expensive university system? Perhaps he’s a COMMUNITY ORGANIZER and chooses to have lower income as he helps others?
There are many people below the poverty line for a variety of reasons. There are millions of people who lack of health insurance, and not just among the poor.
I’m appalled by the comments here.
@SkokieGuy:
If he was in the military, insurance for active duty personel is free. My mom did it for 20 years. Better than the health insurance I currently have working for a large hospital system. (But yes, our service men & women frequenly fall under the poverty guidelines, which is sad).
I stand corrected about the “Nobody dies in Disney” comment.
@2719:
Nurses do more than tend to minor bumps & bruises. If he was given any sort of medication, even OTC, that is supposed to be handled by the nurse. Not a nurse aid, not a lifeguard. Passing medications is the responsibility of the nurse alone. Providing crutches could have been another possibility, atleast allowing him to ambulate without the assistance of another person (or two).
When I was at Typhoon Lagoon a few years ago, someone was injured inside the wave pool. It is a massive wave pool, so they shut the whole thing down causing everyone to get out and have someone with a gurney come help the guy. It attracted so much attention that I had to take a picture:
[img525.imageshack.us]
@RChris173: proper response.
There are two things that make me think Disney should at least be partially responsible. 1) The injury happened ON a ride (not just in the park) and 2) the injury was serious (not just a little scrape or sprain).
So he can’t afford a health insurance of any kind, lives below poverty level but he can afford to go to a Disney ride?
OK…I guess some people have messed up priorities.
Anyway why people think Disney or any other company is responsible if you had an accident on their property? I can understand if there was a malfunction or some other problem that was not taken care of in a tamely manner. But accidents do happen, so watch your step. A nurse can’t provide proper help for a broken leg. She can help with minor things like bruises and cuts. Disney probably did not want to call for an ambulance because thy would be involved in this. This way it’s not their problem.
Health care is a huge ripoff but nobody is doing anything about it.
@2719: Product liability. If the product caused injury in the normal course of its operation, there is at least reasonable cause to hold the maker/operator responsible. OTOH, Disney could defend themselves by claiming he misused the ride in some fashion, or that he wasn’t fit to use it for whatever reason. That’s for the lawyers to fight out.
That said, yes, this guy has his priorities all screwed up.
WOW! I can’t believe some of the comments on here! Just because the OP lives below the poverty level, which a lot of people do, doesn’t mean they aren’t entitled to have some fun once in while. I mean why even comment on the fact that he spent money going there since its irrelevant to the story.
As someone who actually WAS a lifeguard at Blizzard Beach–I’m going to agree w/ Loueloui. I can’t see an Ellis certified lifeguard ignoring cries for help. They are trained to react to any and everything.
Disney may be an evil empire, but when it comes to guest safety–they take things pretty seriously. As for waiting 15 minutes for a wheelchair–absurd. All Disney water parks, pools, etc. not only have lifeguards on duty, but coordinators who basically roam the area w/ radios waiting for a call from the base (which is who the guard would have phoned as soon as an emergency occurred). Additionally, Disney has their own EMS more or less on property for the purpose of being able to manage incidents such as this. Regardless of your insurance status, if an injury occurred on Disney property, they will most likely do pretty much anything to protect themselves–which includes taking care of medical expenses.
For anybody who cares, federal poverty guidelines for a single person in 2008 is $10,400/yr. Which breaks down to $5/hr if working 2080 hours per year (full time, 40 hours per week).
Or $866.66 monthly.
Disney did nothing wrong here. This sounds like a simple accident…nothing suggests that Disney was negligent.
@7thton: Well, what about the part where the lifeguard simply called for assistance and did not stop the ride or assist the OP in any way to prevent subsequent riders from smashing into him?
And based on the comments, Disney is also clearly negligent for not scrutinizing people’s tax returns and denying admission to anyone who is not at least middle class.
I took my stepson to Disney when he was 19. He lives below the poverty level, but I still thought he should be able to experience a little fun in his difficult life. (Being developmentally disabled makes it hard for him to find and keep a job). He didn’t pay a dime for his trip.
If I were to comment on the mechanism of injury, I can think of a few things that Disney did here that contributed to the OP’s damages. Besides the possibility that the design of the ride may have caused the injury, the fact that the lifeguard left him at the bottom of the slide without closing off the area probably worsened the fibula injury.
I had a similar injury a couple years ago when a car ran into me. I learned that fibula injuries often involve both the ankle and the knee, and require immobolization of the entire leg before the risk to either knee or leg is controlled.
I think that Disney’s response left much to be desired here. And even if the injury was partially the fault of the OP, he is entitled to at least partial compensation. So, rather than blaming the OP for his part in the injury (or making a moral judgment about how he should be spending his time), I’d rather see someone help him obtain some kind of satisfaction from Disney, so that if something happens next time I take my poverty-stricken step-son to see the rat, I’ll know what to do if he’s injured.