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Re: Woman Sues Disney World, Claims Ride Caused Stroke, Heart Attack
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Originally Posted by timkelmom
If this is legit, why would they wait over 3 years to file a lawsuit?
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Quote:
Originally Posted by Dopey
This is another stinky and frivolous law suit. It absolutely bums me out that people do that. This supposedly happened in 2005 - is there no "expiration date" for filing such suits?
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Sadly, because the Plaintiff was a "minor", unless an adult is named their "guardian ad litem", the statute of limitations is tolled until the minor child turns 18. At that point she has one year to file a lawsuit.
She was 16 when she rode the ride (several times) back in 2005.
Not sure how much merit she has. Assumption of the risk is the key defense, I suspect. No one knows how your heart will do. If you don't know, how would the ride operator know? And that's the problem. Unless WDW was negligent in maintaining or operating the ride, there's no liability for unknown problems of a rider. Which is why the signs warn of people with back problems, heart problems, etc.. 
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