“The standing water at the bottom of The Slide, however, creates a much greater risk of injury when a rider slams into it at the end of The Slide and is brought to a quick stop,” the complaint says. “Specifically, when a rider of The Slide reached the bottom of the ride and travelled into the pool of water designed to stop further travel, the force of the water can push loose garments into a person’s anatomy – an event known as a ‘wedgie.’ Because of a woman’s anatomy, the risk of a painful ‘wedgie’ is more common and more serious than it is for a man.” “Whether ankles are crossed or not, riding down The Slide carries with it specific risks about which Disney knew or, in the exercise of reasonable care, should have known,” the lawsuit says.
The complaint notes that at the top of the slide, McGuinness “assumed the appropriate position," which is to ride with legs crossed, as instructed by employees of the park. She ultimately suffered “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,” according to the complaint. McGuinness." In other words - people expect bumps and bruises, not the type of injuries experienced by McGuinness. The lawyer says that the risks that Disney rides carry "are considered unreasonable expectations for consumers to anticipate." Wagner continues to say in the complaint that: "The Slide was unsafe and unreasonably dangerous to Ms McGuinness and other patrons because it failed to meet the expectations of a reasonable consumer, including Ms. These risks are not disclosed by Disney to its guests and were not disclosed to Ms. Michael Kappeler/picture-alliance/dpa/AP Images)Īlan Wagner, the attorney representing McGuiness' family, wrote that while Emma was "aware there were risks" that could occur while on the attraction, “The Slide carries with it specific risks about which Disney knew or, in the exercise of reasonable care, should have known.
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