New lawsuit against Disney Cruise Line

[mindflipper]

C'mon, we're talking about children. Safety is NOT usually the first thought that passes through their heads. To expect them to check and determine if the temperature of hot chocolate is safe or not is unrealistic. The kid is on a Disney cruise - it's taken for granted the hot chocolate would be served at the right temperature...

[Wizzard419]

So you're saying that (for example here) as an 8 year old your mother would check the temperature of your hot chocolate? I am all for safety but there is a line to be drawn here, otherwise teenagers will soon be riding in strollers. I already am disturbed enough when I see older kids in strollers. I'm going to guess most of the people here were out of strollers shortly after being able to walk on their own for longer than 10 steps.

[Len90]

I'm still a little bit puzzled by the fact that it was "hot" chocolate. They don't call it hot because it is served luke warm or cold. Now to rip apart the rest of the statement:
I seriously can't understand how they can use the term convulsed. To convulse is to make a sudden, violent, uncontrollable movements. The tiny bit that caused this was spilled on his hand. I am thinking that the normal reaction to something hot being spilled on your hand would be to remove the cup from the hand and blow on your hand to "cool" it off. I would definitely like to know the age of this child too before coming to a full conclusion on how the situation probably unfolded.

Secondly, the complete injury is a bit outlandish. I highly doubt that hot chocolate could cause severe injuries that warrant over $75,000 in damages. The most if could possibly due is first degree burn (similar to a sun burn) maybe some second degree mixed in (blistering) if the child had no shirt on.

Finally, parental supervision. I would like to know how the guardian lets the child be served hot chocolate without realizing it was most likely steaming hot then. I know when I was younger my parents would be around when I was eating and would warn me before attempting to bite or drink anything hot.

Such a disgrace to see what a sue happy society we have become

[mindflipper]

If they were truely sue-happy, they would be suing for $1 million or higher. How the trauma caused "severe and long-lasting mental anguish" and crap like that.

However, Len90, I can't discount totally there may not be a case here. Without seeing the actual injuries resulting from this incident, it's hard to evaluate if the case is indeed frivolous. I really can't imagine any 8 year old is going to check the temperature of hot chocolate to see if its a safe temperature to imbibe. As Wizz says, it seems ridiculous a parent would be doing the same. They're on a Disney cruise! They have a reasonable expectation that Disney itself would serve it a safe temperature, so why should they check it? How often have you been your mouth, lip, or tongue on coffee or some other hot beverage realizing it was too hot? Can you imagine how bad it would feel if it spilled into your lap?

With any and all lawsuits they should be evaluated separately and individually on the merits of each case, not collectively. Yes, on the whole, the nation tends to be sue-happy, but not everyone suing is out to make a buck. The unfortunate few seeking honest recompense are overshadowed by a larger population of those who selfishly abuse the system to suit their own ends.

[yodiwan1]

I wasn't going to comment on this, but I figured' what the heck..may as well. From what I got out of this was the server gave this directly to the child instead of the parent/guardian. It says s small drop hit the child, which caused him to basically jump back/spasm and then the rest landed on him. This in no way is the parent's fault. The server should have been smart enough to know to hand such a small and young child anything at all! As a server you always, ALWAYS, give items to the adults and let them decide what to do with it. When I worked at WDW I had a co-worker trip and spill hot chocolate on me during a MVMCP. I wasn't able to do anything because I was a freaking cast member at the time, but trust me, if I could have I would have. it hurt like all heck, and I couldn't feel my arm for a week! Yes, hot is in the title, but it is also a drink to be consumed. They should do a much bbtter job regulating the temp on hot items. Just my $.02.

[Wizzard419]

As Wizz says, it seems ridiculous a parent would be doing the same. They're on a Disney cruise!

Not just on a disney anything, pretty much anywhere in real life they wouldn't check.


As for "handing the beverage to the kid", if they were in a dining establishment, I would imagine they set it on the table.

[yodiwan1]

As for "handing the beverage to the kid", if they were in a dining establishment, I would imagine they set it on the table.

I don't know about that. I have seen many dim witted waiters hand stuff directly to kids...ya never know....lol

[Wizzard419]

I remember hearing an explanation as to why (except when blocked) servers normally place food and beverages on the table. I think it had to do with spilling. By having the server set it on the table it prevents the person from being able to say "you spilled this beverage/food on me. Now pay to have my stuff cleaned!"

[Polynesian Princess]

At the rate things are going everything's going to have to be served lukewarm or cold to make sure no one gets burned. What would you expect from HOT chocolate?

It does make you wonder why there is no responsibilities placed on the consumer anymore. No, I wouldn't expect a child to necessarily understand the hot chocolate it hot, but you would think the parent would test it out before giving it to their child

It is sad that there is a growing decrease in people taking responsibility for their actions.

I seriously can't understand how they can use the term convulsed. To convulse is to make a sudden, violent, uncontrollable movements. The tiny bit that caused this was spilled on his hand. I am thinking that the normal reaction to something hot being spilled on your hand would be to remove the cup from the hand and blow on your hand to "cool" it off. I would definitely like to know the age of this child too before coming to a full conclusion on how the situation probably unfolded.

I'm guessing the kid flipped out and went crazy, spilling it everywhere. It seemed like an odd way to say it to me too since I would usually associate convulse with a seizure.

Secondly, the complete injury is a bit outlandish. I highly doubt that hot chocolate could cause severe injuries that warrant over $75,000 in damages. The most if could possibly due is first degree burn (similar to a sun burn) maybe some second degree mixed in (blistering) if the child had no shirt on.

Yeah, the damages seemed quite excessive to me too. I know the article was brief and lacking a lot of details, but I did think it was strange that it didn't mention what degree burns the child suffered. Usually that is one of the details that is included.

C'mon, we're talking about children. Safety is NOT usually the first thought that passes through their heads. To expect them to check and determine if the temperature of hot chocolate is safe or not is unrealistic. The kid is on a Disney cruise - it's taken for granted the hot chocolate would be served at the right temperature...

I know they don't think about safety, but any child old enough to ask for hot chocolate without their parent right there then they are old enough to understand that it's going to be hot. We served hot chocolate to the students at our Christmas party at school - all of my kindergartners understood without being reminded that they had to hold it carefully and couldn't drink it right away. If they were younger (preschool age) or if they've never had a hot beverage before, then the parent should have been involved.

[Wizzard419]

Don't we hammer into kids about safety all the time? "Smoking. drugs, and drinking are bad but you look really cool doing it", "All adults that you do not know want to hurt you", etc.

[mindflipper]

Hmmmmmm, as a group we clearly can find fault with any of the parties involved; without more facts, there is no way to clearly and definitively determine where the fault truely lays in this case.

[Wizzard419]

And we will never get it as the kid was a minor and it won't likely go to trial (either settle or scare them off)

[proudcanuck]

I know that the alleged incident happened to a child, but where are the parents? Common sense people! When I take my kids to Starbucks for a hot chocolate, I'm the one who knows what is being ordered, and should take responsibility so that they don't get hurt. It's called "HOT" chocolate for a reason.

[momeja]

I know that the alleged incident happened to a child, but where are the parents? Common sense people! When I take my kids to Starbucks for a hot chocolate, I'm the one who knows what is being ordered, and should take responsibility so that they don't get hurt. It's called "HOT" chocolate for a reason.

Torts is a whole different world down there south of the border, proudcanuck.

[cccmouse]

Um... Where was the mother when they served the chocolate???? Shouldn't she have gotten it for him and test it out like a normal parent would?

That's kind of what I am thinking...

You would like to think that the parent was keeping a watch over their child, but just go out in a public setting for even a short amount of time and observe how many parents just allow their children to run free with little to no supervision. We have been to WDW many times and taken several Disney cruises and it seems like some parents get to these places and they just take a vacation from being parents even when their children are with them.
Also, why is it someone elses fault because I, or my child spills something? Hot chocolate is HOT. Coffee is HOT. Soup is HOT. If your child is not old enough to handle hot food products on their own with some amount of responsibility...don't let them. I keep wating for the time when we can start sueing negligent parents for stupidity!
There, I feel better.