Disney Resorts May Never Look the Same Again After Lawsuit

A lawsuit filed against Disney World by a woman who was left with gynecological injuries after an accident on one of its rides could lead to permanent changes at the brand's resorts, legal experts have warned.

In a lawsuit filed last week in Orange County, Florida, Emma McGuinness said a ride on the Humunga Kowabunga slide at Disney World's popular Typhoon Lagoon water park during a visit in 2019 left her with an "injurious wedgie."

The ride features three body tubes that stretch 214 feet in length and sees patrons take a speedy plummet into a large pool. The plaintiff, who visited the park as part of her 30th birthday celebrations, was wearing a one-piece bathing suit at the time.

"As Ms. McGuinness neared the end of The Slide, her body lifted up, she became airborne, and she was slammed downward against The Slide—which increased the likelihood of her legs becoming uncrossed or otherwise exposing herself to injury in using The Slide," reads the lawsuit, in which McGuinness is seeking at least $50,000.

According to the complaint, the "impact of The Slide and her impact into the standing water at the bottom of The Slide caused Ms. McGuinness' clothing to be painfully forced between her legs and for water to be violently forced inside her. She experienced immediate and severe pain internally and, as she stood up, blood began rushing from between her legs."

The lawsuit, which McGuinness filed with her husband, Edward McGuinness, states that the complainant was hospitalized with "severe and permanent bodily injury including severe vaginal lacerations, a full thickness laceration causing Plaintiff's bowel to protrude through her abdominal wall, and damage to her internal organs."

McGuinness has further alleged in her lawsuit that Disney did not explain why safety protocols—including patrons crossing their legs—were necessary while on the slide. Per the complaint, it was also never stated that women would be at greater risk of injury because of their swimwear and anatomy.

"The risk of injury to a rider's genitalia and internal organs can be eliminated by using shorts or other protective clothing to act as a barrier and to prevent clothing or water from being forced inside his or her body when slammed into the pool of water at the end of The Slide," it is stated in the lawsuit.

"Disney does not instruct riders to wear protective clothing, does not make such protective shorts available to riders, and does not warn riders of the risk of injury if protective clothing is not worn while using The Slide."

Hot Coffee Lawsuit

This one factor, it has been warned, could lead to a change in the way that Disney's reports operate across the board, much like popular fast food chain McDonald's after a high-profile hot coffee lawsuit in the 1990s.

An elderly coffee drinker collected a small fortune ($2.9 million, later reduced to $640,000) from McDonald's after spilling coffee on herself that she said was too hot. While the company's payout was a drop in the ocean, it led to long-term change. McDonald's coffee cups now bear the prominent caution that they contain an extremely hot beverage.

"I see [the Disney lawsuit] inspiring a raft of videos and warning signs as you wait on line at theme parks. As if there weren't enough already," Andrew Lieb, Esq. managing partner at Lieb at Law, P.C., told Newsweek.

Lieb further said that McGuinness emerging the victor against Disney "depends on whether there was an assumption of risk here, or, instead there was a real failure to warn as a marketing defect. Meaning, does a reasonable user understand the inherent risk of using slides and the need to cross your legs?"

"It's a tough case for the plaintiff and the damages sought don't make it seem like a viable suit against Disney, as the litigation expenses could easily get over $50,000 if Disney chooses to fight this lawsuit with a no settlement position," Lieb said.

"However, a strict products liability case can be viable for a failure to warn, as alleged, and there is a possibility for a case here," he said. "Years ago, I successfully sued an amusement park for a slide injury, which resulted in my client's leg breaking at the growth plate, stunting the growth of that leg, and leading to a lifetime of pain and suffering."

The Plaintiff's Angle

Atlanta personal injury attorney Ted Spaulding, founder of Spaulding Injury Law, told Newsweek that Disney "could certainly lose this lawsuit. McGuinness' attorney could argue both failure to warn of danger and something akin to negligent design.

"This case is going to come down mainly to: what knowledge did Disney have in advance of this injurious outcome being a possibility? According to reports, it sounds like Disney may have known but arguably did not provide a sufficient enough warning of the dangers and how to prevent it by simply wearing shorts. There could be something here for the plaintiff."

As well as seeing potential change in the way that Disney Resorts issues warnings to visitors using its attractions, Spaulding added that the complaint "could inspire other lawsuits against theme parks, and it is certainly something Disney would be worried about."

Disney has six theme park resorts, located in Florida, California, France, Japan, Hong Kong and China. According to Statista, the Walt Disney Company generated a total revenue of almost $29 billion in 2022 through its parks, experiences, and products. This represented an increase of around $12 billion from the previous year.

Defense Strategy

Spaulding and Lieb told Newsweek how they would tackle the McGuinness lawsuit if they were representing a high-value client like Disney.

Lieb said that he would advise Disney to offer "$5,000 as a nuisance settlement and if that doesn't work, to write a long and detailed answer with affirmative defenses, followed with a tremendous amount of discovery, and drown the plaintiff's attorneys with work.

"As the attorneys are likely taking this type of case on contingency, litigating every aspect of the case can make the attorneys, whose best case scenario is a fee of $16,667, very frustrated in continuing to litigate and can hurt the attorney/client relationship, which will ultimately force a low-figure settlement. Simply, these injuries aren't enough to justify protracted litigation and a trial unless the client is independently wealthy and funding the law firm to make a point."

Spaulding said that if he "were advising Disney here, the first thing I would need to know is their exposure, meaning, what did Disney know about the possibility of women being injured this way? If they knew this could happen, and are potentially clearly at fault, I would advise trying to resolve it out of court."

"These injuries sound pretty darn severe, and even though the lawsuit is asking for 'at least' $50,000 in damages, Disney might be on the hook for much more than $50,000 if found negligent," Spaulding added.

Lieb, however, questioned the seriousness the injuries: "Assuming the injuries are minor, as they sound on first read, lawsuits like this make society hate personal injury lawsuits, which is a shame because these lawsuits are a public check on businesses to make sure that we live in a safe and consumer protective society."

Newsweek has contacted a lawyer for McGuinness and representatives of Disney World via email for comment.