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OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/24/08

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  • OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/24/08

    http://blogs.orlandosentinel.com/bus...ites-fine.html


    Federal investigators charged Walt Disney World with five safety violations at the Primeval Whirl roller coaster that was the site of a fatal employee accident last fall. They also fined the company $21,500.

    More at the link...
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  • #2
    Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

    So does that mean that the deceased CM's family doesn't receive anything for the actions contributing to their loved ones death??

    All the money that's being fined is basically for OSHA fines!!!
    Originally posted by PEZZ Lightyear
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    • #3
      Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

      Originally posted by gRuMpEe View Post
      So does that mean that the deceased CM's family doesn't receive anything for the actions contributing to their loved ones death??

      All the money that's being fined is basically for OSHA fines!!!
      True, but I think this will help the family with a lawsuit, should they sue.

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      • #4
        Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

        Originally posted by Melonballer View Post
        True, but I think this will help the family with a lawsuit, should they sue.

        I think they would have a very GREAT case....being that OSHA found them at fault it would be alot easier for them to prove their case.
        Originally posted by PEZZ Lightyear
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        • #5
          Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

          Originally posted by gRuMpEe View Post
          So does that mean that the deceased CM's family doesn't receive anything for the actions contributing to their loved ones death??

          All the money that's being fined is basically for OSHA fines!!!
          The fines have nothing to do with the CM's family or any case they would bring. This is purely about OSHA enforcing Federal law. The investigation was triggered by the accident - but has no direct impact on it.

          Originally posted by gRuMpEe View Post
          I think they would have a very GREAT case....being that OSHA found them at fault it would be alot easier for them to prove their case.
          No - OSHA did not find Disney 'at fault' for the incident. OSHA fined Disney for violations in protocol and implementation of the ride. This does NOT go into who was at fault for the incident.

          What OSHA fined Disney for in 3 of the violations was lack of additional protections, and one was a protocol violation.

          The CM family still can use this info to claim that Disney was operating an unsafe attraction - but it by no means at all points the finger at Disney for the CM's death.

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          • #6
            Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

            Hopefully they will bulldoze that stupid ride. IF you actually look at it you will be shocked because something that cheap looking doesn't belong at a Disney park.

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            • #7
              Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

              Originally posted by Ghostbuster626 View Post
              Hopefully they will bulldoze that stupid ride. IF you actually look at it you will be shocked because something that cheap looking doesn't belong at a Disney park.
              If Disney was smart, they'd use this as an excuse to get rid of the entire Dinorama. Yuck. The only ugly part of Animal Kingdom.
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              • #8
                Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                Why do they even have this state fair type of ride? Very sad . . . .

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                • #9
                  Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                  Wow! After reading the article I couldn't believe they missed something so basic as providing a handrail!!! I work in the construction field and everyone is required to have, at minimum, 10 hour OSHA training - EVERYONE!!! This way people can spot at least minor things like the handrail ... knowing this it makes me wonder how the other rides at the park would rate with OSHA.

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                  • #10
                    Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                    Does Florida law allow wrongful death claims outside of the worker's comp laws for employees killed on the job? If not, this is totally irrelevant to the family's claim.
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                    • #11
                      Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                      Originally posted by Destination View Post
                      Why do they even have this state fair type of ride? Very sad . . . .
                      For the same reason DCA does?

                      In it's defense - its way more advanced then a carnival ride. But it is still just a basic roller coaster you'd find at most Amusement Parks around the country.

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                      • #12
                        Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                        Originally posted by steamboatpete View Post
                        Does Florida law allow wrongful death claims outside of the worker's comp laws for employees killed on the job? If not, this is totally irrelevant to the family's claim.
                        Workers Compensation is generally the exclusive remedy in all states for job-related injuries, including those resulting in death. Unless there was evidence of gross negligence or intent by Disney to purposely harm the employee, their liability ends once Workers' Comp death benefits are paid in accordance with Florida law. This doesn't mean Disney can't be sued by the employee's survivors, but the family would have the burden of proof in making a case for negligence or intent.

                        That Disney was cited previously by OSHA certainly doesn't help their position, but it would have to be proven that their failure to address the earlier citation was a significant factor in the employee's death--and even then there would have to be evidence that Disney purposely disregarded safety laws and OSHA recommendations.
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                        • #13
                          Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                          I LOVE that ride!!!

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                          • #14
                            Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                            My husband is a safety manager, and during the construction of Nemo at Disneyland...he would play the "Let's Spot the safety violations" game. There would often be a lot of them actually. I was surprised that Disney was so relaxed about it, especially since that area was so open to public view.

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                            • #15
                              Re: OSHA cites, fines Walt Disney World in fatal ride accident - Orlando Sentinel,5/2

                              My friend and I were pushed onto this ride by a roommate of ours... in the rain. We all came out with bruises from being jerked about. I wouldn't mind seeing it gone...

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