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Old 02-12-2009   #10 (permalink)
Dopey
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Re: Woman Sues Disney World, Claims Ride Caused Stroke, Heart Attack

Quote:
Originally Posted by Experiment6-2-6 View Post
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..
I am wondering that even if she "doesn't have a leg to stand on" what is the history of Disney paying off any such claims before letting it go to trial.
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