San Diego family suing Walt Disney World for alleged hot nacho cheese accident

Posted Friday, February 11, 2011 12:19 PM | Contributed by Jeff

The Harris family's San Diego attorney, Sean Cahill, said their 4-year-old son Isaiah accidently spilled scalding hot nacho cheese on his face at one of Walt Disney World’s restaurants and it left him with a blister so large it’s almost as big as his upper lip. The family is suing Disney World.

Read more from KGTV/San Diego.

Friday, February 11, 2011 12:29 PM

I hope they get a lifetime ban from the parks.

“That's the disappointing aspect of it, they found that Disney World really had no interest in taking responsibility for the incident,”

Maybe that's because it is 1) uninteresting, and 2) they have no responsibility.

My god.

Last edited by OhioStater, Friday, February 11, 2011 12:30 PM
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Friday, February 11, 2011 12:36 PM

Unbelievable. Although I feel bad for the child, let's consider the alternative. I know that the cheese has to be held at a high enough temperature that eliminates any food borne germs from developing. Lower the temperature and all sorts of new issues develop.

Our society just sucks now. The answer to everything is to sue someone.

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Friday, February 11, 2011 12:41 PM

Even though they won't reveal how much they're suing for, I'm guessing this is a poorly-veiled money grab.

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Friday, February 11, 2011 12:43 PM

Cahill said, “A young child of four cannot be expected to have any understanding of what the temperature would be.”

My child knew what "hot" was well before he was 4.

Regardless, did he go off and purchase the nachos on his own, or did a parent purchase them and give them to the kid? When we were at Disney last year, I'm sure my kid got some hot food, but I checked it ahead of time so he didn't get burned. That's what responsible parents do. Let him watch the Sunny Eclipse show for a couple minutes while the fries cool off.

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Friday, February 11, 2011 12:43 PM

A young child of four cannot be expected to have any understanding of what the temperature would be

Which is why the parents of a child of four shouldn't be ordering him nachos with hot cheese and giving it to him to handle by himself.

I'm sorry, this is another one I really don't agree with. The article didnt' say they ever went to the hospital or got any treatment, and if they didn't get treatment for the child, then it's obvious the injury wasn't something that should result in a lawsuit. IMO anyway.

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Friday, February 11, 2011 12:47 PM

Quit stealing my ideas.

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Friday, February 11, 2011 12:52 PM

That blister looks pretty severe for something that's intended to be eaten. That's not to waive the parents of their responsibilities, but my guess is this will also be settled quickly.

-Nate

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Friday, February 11, 2011 3:17 PM

This is exactly what I was speaking off in my other post under a similar topic about theme park lawsuits. If Americans don't grow up and take responsibility we all will continue to pay the price by rising prices and extreme safety no measures taking all the fun out of recreation experiences. I have witnessed information to some of the dumbest lawsuits against parks that just boggles the mind of anyone who lives in "reality." I am for the freedom to defend oneself against wrongful injury but this stuff is nothing more than Americans all feeling they are entitled to be a millionaire "just because" and the easiest road to it is a lawsuit. I hope Disney counter-sues for stupidity and wins.

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Friday, February 11, 2011 3:46 PM

I think it is sad the boy was hurt but bullcrap that they want to sue. It could happen anywhere even at home.... If you cook something in the microwave (such as cheese or eggs) they can sometimes explode as you take a bite and you have no idea how hot they are or not... It you can't blame disney because what on earth happens when you have hot things on the menu , THEY ARE HOT or else people will complain that the item is on the Hot menu and is cold. and like i said it could be anywhere At home, at mcdonalds at Disney but you can't blame them for your accident it is like sueing the person next to you cause they are there when the accident happened.when i herd the park seemed to not take the injury seriously i was wondering was it just the disney people trying to keep the kids mind off it and keep him in the good spirit of disney. like a said bullcrap

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Friday, February 11, 2011 3:51 PM

I'm not even going to say that I'm sad the boy was hurt. Stuff happens. I was hurt as a kid all the time because I was clumsy.

My parents had a kerosene heater that when I was about 4 I fell back into and burned the back of my legs quite a bit. It hurt. I healed. We didn't sue.

I think if a company does everything reasonable to keep someone from being hurt, they shouldn't be sued when a 4 year old spills hot cheese that he shouldn't have had access to in the first place spilled on him. Kids are klutzes.

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Friday, February 11, 2011 4:28 PM

"...but former district attorney Paul Pfingst says the jury will be much more sympathetic to a child's injury. “This case is better than that case because the victim here is a child and a child cannot be expected to test the food the same way an adult may test the food,”

That right there says everything you need to know about the case. It is a cash grab and nothing more. It amazes me how so many parents think responsibility for every little thing is automatically transferred to a park as soon as you walk through the gate, and the same goes for people in general.

To add to the anecdotes, when I was younger (maybe 8 or 9) I went camping with my cousins. We had a campfire and were roasting marshmallows. One of mine caught on fire, so I got it close enough to try and blow the flame out when the wind just happened to pick up in the wrong direction, blowing the flame right onto my face and burned one of my cheeks. I got some ointment put on it and toughed it out for the night there. Oh, and my mom didn't instinctively sue my cousins and aunts/uncles.

I mean really, it sucks for the kid and hopefully he's ok and doesn't have scaring issues, but it is the parent's responsibility to be aware of what he's eating, not the park's.

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Friday, February 11, 2011 6:31 PM

You want to see some real bad abuses of legal system

Look up stella awards (named after McDonalds coffee spiller)

The best one (or worst depending on viewpoint)
Is the lady who sued Winnebago and won 1.75 million and a new Winnebago
She put cruse control on 70 miles an hours ans walked into back of motor-home It crashed (she lived)
Sued because drivers manual did not say do not leave the drivers seat while driving (it does now)

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Friday, February 11, 2011 6:36 PM

Hate to 'Snope' you, but...

http://www.snopes.com/legal/lawsuits.asp
http://www.snopes.com/autos/techno/cruise.asp

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Friday, February 11, 2011 7:18 PM

New sign for Disney parks:

CAUTION: Hot, melted cheese may still be hot and could cause bodily injury if contact is made with skin while still bubbling and steaming like lava. Younger children may have hot cheese management challenges so please suprvise them to avoid tragedy.

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Friday, February 11, 2011 7:27 PM

Vater said:
Hate to 'Snope' you, but...

http://www.snopes.com/legal/lawsuits.asp
http://www.snopes.com/autos/techno/cruise.asp

Not quite sure what the point of this is, considering this is a real case, brought by real people against Disney.

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Friday, February 11, 2011 7:38 PM

maXairMike said:
Not quite sure what the point of this is, considering this is a real case, brought by real people against Disney.

Someone mentioned those cases as silly lawsuits and then deleted the post when the mistake was pointed out.

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Friday, February 11, 2011 8:40 PM

I will say I frequent Disney and I always buy pretzels and cheese and the cheese is always lukewarm at best. Many of the times we have got cheese it was cold, like to the point that eating the cold cheese was almost sickening. Ive never ran into a Hot Cheese problem.

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Friday, February 11, 2011 9:25 PM

I think the parents should be charged with child abuse for giving the kid the hot cheese.

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Friday, February 11, 2011 9:43 PM

Hey High, The parents need to be sued by Disney for being totally irresponsible. Like everyone has mentioned that the parents need to be responsible for thier kids at all times anywhere. Disney didn't make the parents buy the nachos to give to the kid. The parents did and should be held responsible. When I was growing up and this was back in the 70's. I did a lot of stupid things that resulted in me being injured. Did my parents sue anyone? Hell no. Back then the parents took the responsibility that for the past 20 years is lacking in the parents of today.

Yes it will be settled and quietly due to the so called bad press that will come of this if it was to go public by the PC media. It's time that the parents stop blaming others for this misguided issues and take responsibility now.

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