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Disney settles claim of head injury with victim that fell out of a tram. Do you think they should have paid anything for the victim who fell asleep before falling out?

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Disneyland is “the Happiest Place on Earth”, at least here in Orange County, but 2 years ago it turned into a nightmare for two California women.

Qi Zhao and her two sisters and a niece were all riding the tram to return to your car after a fun day at the Disney theme park. The family had been at the park about 10 hours and they were tired. During the short tram ride Zhao fell asleep and when the tram drove around the turnaround to reverse direction.

Zhao sustained major head trauma when her head hit the pavement. Additionally she suffered a fractured skull and was in a coma for three weeks. Her other sister only had minor injuries.

The family brought a lawsuit against Disney for dangerous tram rides that travel at too fast for conditions and patrons likily to be tired from a long day at the park. Do you think that a person who falls asleep should be paid for their injuries on a tram? Disney counterclaimed that the family did not pay attention to the safety announcements, and was responsible for their own injuries. The decision was to be put into the hands of a jury, but Disney and the Plaintiff have now settled the claim with the Zhao family for an undisclosed figure.

Typically, Disney does not settle any cases it feels it can win. We will never know what the settlement was, $5,000 or $500,000 because the settlement was confidential. I suspect both parties had some points to raise, but I would be curious of the outcome at trial. I think an Orange County jury would have been hard pressed to award any sums in this case unless shown some really compelling evidence of liability in litigation.

Have you been injured in an amusement park accident, or any other accident due to the negligence of another? If so, you should have an investigation conducted to ascertain the real cause of the accident. While this person fell asleep, I suspect Disney had other motivations to settle because of negligence in their way of transporting patrons. I am sure Disney settled because they feared some type of loss at trial, even with a conservative Orange County jury. Protect your rights by learning what caused your injuries. Speak with an Orange County attorney familiar with personal injury claims to evaluate your rights.

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