Family of woman who died after Jungle Cruise fall sues - case assigned to federal court

[bcla]

https://www.ocregister.com/2023/01/...led-guest-before-deadly-fall-lawsuit-alleges/​

Aguilar lost her balance on the unstable blocks, fell backward and fractured the femur in her right leg, according to the lawsuit.​

​

Aguilar was taken by ambulance to an Anaheim hospital where she underwent surgery and remained for 10 days. She moved to an Oxnard rehabilitation center where she stayed for five months. She got an infection, went into septic shock and died on Jan. 29, 2022, according to the lawsuit. The wrongful death suit alleges Aguilar ultimately died as a result of her injuries from the fall at Disneyland.​

She died five months after the fall. But the contention is that she wouldn't have died from septic shock had the fall never occurred.

 

[ComeToSocialize]

Can’t blame the family for suing. I’m sure Disney and their insurance company will settle. It does seem that the fall eventually led to her death. A broken femur is no joke.

I’m a bit confused by the commentary that says they were told the ADA compliant boat was “not available.” I would guess they were told it would be a longer wait. But I’ve never dealt with that so I can’t say.

I’d also be very surprised if the cast members really laughed at an elderly woman struggling to get out of the boat. I’ve had cast members go out of their way to offer assistance to me, an able bodied mid 30s man (sometimes to my embarassment!) I have no reason not to believe them but that’s very unlike Disney.

Very sad story.

 

[skellinton]

The fall or break didn’t kill her, she got an infection. She was already injured when she went and it doesn’t sound like it was anything Disney did or didn’t do that caused her to fall and cause further injury.
Regarding cast members laughing at her, I find that ridiculously hard to believe. JC cast members could have been laughing amongst themselves about something completely unrelated.
‘Frankly, if the wheelchair boat was unavailable they didn’t have to ride; There are plenty of rides my aunt can’t go on when in Disney parks due to her mobility issues. People need to know their limits.

 

[SteveMouse]

Isn’t Disney’s policy not to provide physical assistance when embarking/disembarking, in part to limit risk exposure?

If she fell off the temporary “steps” added, that might be an issue. i’m trying to inagine where the CMs might have gotten blocks from on the fly unless they were designed and on hand explicitly to shorten steps. It’s not like Disney to do things on the fly.

 

[starlite_]

The fall or break didn’t kill her, she got an infection. She was already injured when she went and it doesn’t sound like it was anything Disney did or didn’t do that caused her to fall and cause further injury.
Regarding cast members laughing at her, I find that ridiculously hard to believe. JC cast members could have been laughing amongst themselves about something completely unrelated.
‘Frankly, if the wheelchair boat was unavailable they didn’t have to ride; There are plenty of rides my aunt can’t go on when in Disney parks due to her mobility issues. People need to know their limits.

This. It sounds like they didn't want to wait for the wheelchair accessible boat and choose to have her walk. How is that Disney's fault? That's their own bad decision.

I find it super hard to believe CMs laughed at them too, they've always been ready to help anyone that even seems to be struggling. Of course if her daughters were already helping her, why would the CMs need to ?

It's a tragic story, but I don't see how their choice to move her from the wheelchair is DLRs fault.

 

[bluecruiser]

I’m a bit confused by the commentary that says they were told the ADA compliant boat was “not available.” I would guess they were told it would be a longer wait. But I’ve never dealt with that so I can’t say.

The wheelchair boat has a lift; you enter via a ramp which then rotates and lowers your wheelchair/ECV down into the boat. It's possible the boat wasn't available at the time due to a mechanical problem with the lift, or a different mechanical problem with that particular boat.

If she fell off the temporary “steps” added, that might be an issue. i’m trying to inagine where the CMs might have gotten blocks from on the fly unless they were designed and on hand explicitly to shorten steps. It’s not like Disney to do things on the fly.

I haven't personally seen the steps, but people who have seen/used them describe them as boxes designed to look like cargo to fit with the ride theme. The boxes sit on each step, effectively lessening the height of the (steep) steps. My guess is we won't see Disney using these steps in the future, unless they redesign them to be able to "lock" onto the existing steps when in use.

 

[BrianL]

It is tragic, but I'm also not sure of Disney's liability here. It may depend on those block steps and if they are really safely designed. The CM's though typically don't assist in that manner, especially when members of the party can and are doing so.

As for the laughing, you never know, but JC Skippers are laughing all the time. It's part of the vibe of the ride. That said, even if they were laughing at her - which would be horrible - I don't see how that is relevant to the actual injury situation unless it prvented them form getting assistance sooner or something.

 

[irlandaise]

"Septic shock is a life-threatening condition caused by bacteria or fungus. People recovering from surgeries or those who have compromised immune systems, diabetes or liver problems are particularly susceptible to the infection, said Dan Cupido, a retired chief deputy coroner in Riverside County. An injury from a fall would not directly cause a person to develop septic shock, Cupido said."

Depending on what happened with the blocks on the steps of the boat, I can see some possible liability for Disney for the initial fall. But the septic shock happened months later at the rehab facility. Looks to me like the lawyer is going after the deeper pockets (Disney) for the death instead of suing the rehab facility for that.

 

[Lisa24jks]

I can't read the entire article because it's behind a paywall, and I don't want to diminish what her family must be going through.

However... I do have a hard time believing that CMs laughed at a disabled guest instead of helping them. I have been to the parks many times with a disabled guest in our party, and the CMs are outstanding at helping them out and keeping them as safe as they can. (Heck, they're great at helping me too. I'm able-bodied, but just clumsy and awkward.)

That isn't to say that accidents don't happen, and even an able-bodied person like me could have an accident as well. I just feel for the CMs who are getting wrapped up in something that probably isn't their fault.

 

[DLgal]

"Septic shock is a life-threatening condition caused by bacteria or fungus. People recovering from surgeries or those who have compromised immune systems, diabetes or liver problems are particularly susceptible to the infection, said Dan Cupido, a retired chief deputy coroner in Riverside County. An injury from a fall would not directly cause a person to develop septic shock, Cupido said."

Depending on what happened with the blocks on the steps of the boat, I can see some possible liability for Disney for the initial fall. But the septic shock happened months later at the rehab facility. Looks to me like the lawyer is going after the deeper pockets (Disney) for the death instead of suing the rehab facility for that.

The broken femur likely required surgery and pins to heal. It is definitely possible for a bone infection to develop months later in a case like this.

That said, I find the lawsuit in poor taste.

 

[PollyannaMom]

Depending on what happened with the blocks on the steps of the boat, I can see some possible liability for Disney for the initial fall. But the septic shock happened months later at the rehab facility. Looks to me like the lawyer is going after the deeper pockets (Disney) for the death instead of suing the rehab facility for that.

This, exactly.

It's still very sad, though.

 

[Robbie Cottam]

I would like to say I can’t see a Disney employee laughing at an injuries guest…….

I honestly, can believe it might have happened. People just don’t care anymore. If it is true, and I would hope it is not, Did that cause her death? No.

Is it Disney fault she died of septic shock?
No?

Has the hospital also been sued?
That is most likely where, what or who caused the shock.

This whole things is just really tragic. A list of seeming unrelated events that lead to the death of a human.

Regardless of the outcome of the suit, this incident should serve as a reminder to all of us. That safe guards are in place for our safety.

They are not recommendation.

It should also serve as a learning, training and changing point for Disney, and their cast members to always do it right the first time and not look the other way when on duty.

 

[lcp9]

I'm so sorry for their loss but 1. I seriously doubt CMs were laughing - I suppose it could happen and it would be terrible but laughing does not cause death and 2. it specifically states her daughters were helping her out - for this reason. The CMs did not want to be liable if she fell and hurt herself. Unsure about the ramifications of the blocks to make the steps shorter. If the accessible boat wasn't available and she could not safely navigate the steps, she shouldn't have been on that boat. I suspect there's a lot more to this story and to say Disney is at fault seems an enormous stretch (...which is why instead of settling they're willing to go to trial)

 

[goodshepherd]

https://www.ocregister.com/2023/01/...led-guest-before-deadly-fall-lawsuit-alleges/​

Aguilar lost her balance on the unstable blocks, fell backward and fractured the femur in her right leg, according to the lawsuit.​

​

Aguilar was taken by ambulance to an Anaheim hospital where she underwent surgery and remained for 10 days. She moved to an Oxnard rehabilitation center where she stayed for five months. She got an infection, went into septic shock and died on Jan. 29, 2022, according to the lawsuit. The wrongful death suit alleges Aguilar ultimately died as a result of her injuries from the fall at Disneyland.​

She died five months after the fall. But the contention is that she wouldn't have died from septic shock had the fall never occurred.

the same thing happened to me.

i got flat tired getting off the boat on the steps and my shoe came off and then 2 skippers starting making fun of me.

 

[goodshepherd]

the same thing happened to me.

i got flat tired getting off the boat on the steps and my shoe came off and then 2 skippers starting making fun of me.

but in consolation i make 6 x as much money as them lol