Surviving Family of Woman Plans to Sue Disney
The husband of a Broward County woman has filed lawsuit against Disney, claiming the woman died to injuries she suffered while at the Magic Kingdom. According to reports, in March 2012 Katherine Baliton attempted to board the Magic Kingdom's Jungle Cruise attraction with her 3-year-old son in her arms when she fell and broke her leg. The Baliton family argues if Disney employees would have helped her onto the ride she would have not fallen.
A few days after the fall, Baliton had surgery to repair her leg. Less than 24 hour later, Baliton's husband found her dead in her home due to a blood clot in her leg. In the suit, the Balton family claims Disney failed to ensure Baliton's safety. The family seeks monetary compensation, including repayment of medical and funeral expenses, and loss of financial earnings. They also seek recovery for pain and suffering.
Suits Against Disney
There have been several deaths and incidents at Disneyland over the years. Each time, Disney reports on any major incidents that occur on the property, including accidents, injuries, deaths or significant crime. Earlier this year, a teenage boy drowned in a resort swimming pool where there were no on-duty lifeguards present to provide emergency care. Each year, approximately 100 lawsuits are filed against Disney for various incidents.
Wrongful Death
The family can bring a premise liability suit against Disney. In Baliton's complaint, the family alleges the premises were unsafe. They further argue that if a Disney employee were present to assist Baliton onto the ride, the she would have never gotten injured. This is a classic premise liability claim. When a person enters the property of another, they have a reasonable expectation of safety. Such an expectation of safety requires the owner to take the necessary steps to ensure safe grounds. Under premise liability, property owners are liable for accidents on the property. Patrons to the Disneyland are legally known as invitees, a person who is invited to enter the property. The property owners must assure safe premise and warn patrons of any dangers to invitees.
Wrongful Death
The family can also bring a wrongful death suit. Since Baliton died due to injuries, and the complaint alleges Disney was negligent, her family can also bring a wrongful death suit. A wrongful death requires the plaintiff to prove Disney was negligent.
The loss of life is always horrible. Our Panama City lawyers are experienced in handling property-related injury litigation. If you have lost a family member due to dangerous property conditions or negligence, contact our team for a free consultation to discuss your legal rights.