Last week, the parents of a 4 year old boy, Isaiah Harris, filed suit against Walt Disney Parks and Resorts as a result of the severe burns that he suffered while at the park. The family and their personal injury attorney are claiming that the burns were the result of “scalding nacho cheese” from Orlando’s Magic Kingdom last March. Many families in Weston, Sunrise, and Plantation take trips to Disney World each year, so I’m sure this story is relevant to many in our South Florida community.
According to the family’s attorney, the young boy was injured at Cosmic Ray’s Starlite Cafe when a paper cup of scalding nacho cheese splashed on his face after he tried to grab the table while falling out of a wobbly chair. The lawsuit alleges that the boy, Isaiah, suffered “permanent scarring, pain and suffering” as a result of the burns, and that his parents, Michael and Maria, suffered “serious emotional distress.” This case reminds us of the famous “McDonald’s coffee case” from 1994, which I’m sure many in the South Florida area remember. The personal injury lawyer went on to say that, “The cheese should not have been that hot,” and that “Nobody has a reasonable expectation that it be served at a temperature causing immediate and severe burns on contact.”
This case is an example of catastrophic and traumatic injuries. As a result of Disney’s alleged negligence, Isaiah experience horrible pain and suffering. What makes matters even worse is that Isaiah is a young boy. Injuries are always devastating, but when a child suffers personal injuries, that is truly a heartbreaking situation.
The family is alleging that the “scalding” hot nachos are a defective product, otherwise known as a products liability lawsuit. Their personal injury attorney is alleging that a reasonable person would not expect the nachos to be that hot and that serving the nachos at that temperature is likely to cause serious injury. It will be very interesting to follow this case and to see if the court rules in favor of the plaintiff, much like it did in the (very misunderstood) McDonald’s coffee case.
For further discussion regarding this topic or to discuss other products liability issues, please feel free to contact the Weston – Fort Lauderdale Injury Lawyer at info@www.schulaw.com or by calling 1-877-529-0444.
