Disney admits liability in wrongful death lawsuit

[Isaac]

Disney admitted that the death of Marcelo Torres was caused by maintenance and mechanical failures on the Big Thunder Mountain Railroad as a condition of the settlement of the wrongful death lawsuit brought by his family.

"Mr. and Mrs. Torres believed their son was going to the 'happiest place on Earth,' an image that Walt Disney struggled to establish," said Wylie Aitken, a Santa Ana lawyer representing the family. "It has been difficult for the family to accept that of all places, Disneyland would be responsible for the needless death of their son."

Disney made the same admission in 2003 after a state safety investigation concluded that mechanical failure and poorly trained mechanics and ride operators had caused the accident.

"We deeply regret that the tragic accident occurred and are terribly saddened by the grievous pain this caused the Torres family," Rob Doughty, spokesman for Anaheim, California-based Disneyland, said in a statement.

The public admission of liability was unusual for Disney, which is known for aggressively defending itself against lawsuits over theme park accidents.
Terms of the settlement were confidential but Torres' parents announced the establishment of an arts scholarship at Brooks College, Torres's alma mater.

He had hoped to become an animator, his parents said.

http://news.yahoo.com/s/nm/20051202/...ney_lawsuit_dc

[innerSpaceman]

Wow, an actual mea culpa. Hoist up the red longjohns!

[€uroMeinke]

Originally Posted by innerSpaceman

Wow, an actual mea culpa. Hoist up the red longjohns!

[Cadaverous Pallor]

Good for them. Now let's hope they have the brains to never let the park get that deteriorated again.

[Alex]

Note that it isn't an admission that maintenance in general was bad or deficient, just in this incident specifically.

Disney has never admitted (nor has DOSH cited them for) having a generally inadequate maintenance program at any point.

[Gemini Cricket]

I'm wondering, if not Disney, who could have been to blame in this matter?

[Cadaverous Pallor]

Originally Posted by Gemini Cricket

I'm wondering, if not Disney, who could have been to blame in this matter?

They could have attempted to pin it on certain maintenance workers or certain attraction CMs. Of course, that would have been ludicrous, but they could have tried.

[Gemini Cricket]

Originally Posted by Cadaverous Pallor

They could have attempted to pin it on certain maintenance workers or certain attraction CMs. Of course, that would have been ludicrous, but they could have tried.

True. But that, too, would have still been Disney, right? I don't know. I guess the whole time (since the accident) I was thinking, 'Boy, this is a huge Disney mess up.' And now they're saying it as if realizing it for the first time, 'Boy, we messed up.' Well, doy!


Whatever the outcome, I still kind of tense up when I pass the coyotes on BTM. Nerves, I guess.

[Kevy Baby]

Originally Posted by Cadaverous Pallor

They could have attempted to pin it on certain maintenance workers or certain attraction CMs. Of course, that would have been ludicrous, but they could have tried.

While the company certainly played a strong part in this, SOME of the blame does rest on three individuals: 1) the maintenance worker who did an improper job, 2) the lead who signed off on the work without inspecting it, and to a lesser extent, the ride operators who allowed the train to continue THIRTEEN TIMES after hearing a suspicious noise.

Yes, Disney is to blame for their change in maintenance policy. But when did personal accountability go out the window?

[Alex]

The choice wasn't Disney takes the blame vs. Disney blames someone else but rather Disney admits liability versus Disney settles without making any statement regarding liability.

A more normal settlement by Disney would have had them saying, essentially, "without admitting we are liable we have reached a settlement agreement." Now, if anybody can find sufficient grounds for suit, Disney will not be able resist on a claim that they were not liable for the underlying accident (though they can probably find other grounds).

The Torres family is also free to forever say "Disney killed our son" where a more standard settlement would have a confidentiality clause that would generally bind them from further discussion of blame and responsibility.