Can WDW or DLR Guests Sue Disney if they contract COVID-19 after a visit?

A guest that holistically stays on-site for 14+ days, but on the 15th day exhibits symptoms of the virus. Would this fall under excluding other potential exposures?
Did they fly commercial or drive, alone or with family/friends?
 
Did they fly commercial or drive, alone or with family/friends?

Presume for this hypothetical that the parties showed up, together, and stayed onsite without be symptomatic on day 1. While still onsite starting on day 15, one or more of them started to exhibit symptoms. I thought the incubation period is generally accepted as up to 2 weeks.
 
That unusual scenario would help to isolate the exposure to somewhere on WDW property, assuming a 14 day lapse between exposure and symptoms. That's only a start.

You will still need expert testimony on both issues. You'll also have to deal with all the other liability issues, e.g. how to prove the exposure was from a guest or a CM, waiver, assumption of the risk, comparative negligence, etc....
 


No, you can't sue if you get any other similar disease (there are cases like Legionella disease that is from lack of maintenance of air conditioning machines and I believe there was a case at The Disneyland Hotel, but again it's due to lack of maintenance)

there is no way to be liable of a COVID19 infection just like with the flu or any other virus and liability socially is assumed to be on the individual choosing to be in public.
 
Like you said, the simple answer is yes, people will almost definitely try to sue Disney if they get COVID after a Disney vacation.

Disney is most likely covered as long as they follow all guidelines set forth by the state and the CDC. The only thing they would really have to worry about would be if a huge infection breaks out at parks, think dozens or hundreds of guests, AND there is evidence that Disney isn't taking precautions. Examples would be employees without masks, food locations not having sanitizing supplies, or cast members forcing guests to stand close to each other. That MIGHT be grounds for a class-action lawsuit. Most likely Disney would just cover medical bills and lost wages, since defending that kind of lawsuit costs hundreds of thousands of dollars.
 
AND there is evidence that Disney isn't taking precautions. Examples would be employees without masks, food locations not having sanitizing supplies
Mask don't do anything and sanitizing the crap out of everything isn't good either.
 


I am an attorney in the Northeast, not Florida, just to add a few comments. Jokes about Fenway are kitsch but I'm going to let it go.

A case is unique to those parties, so it is impossible to provide a blanket "if you get COVID, this is what happens to Disney." You need to understand the underlying facts in each scenario. Separately, although waivers and consents are enforceable if they're unambiguous, that doesn't absolve the presenting party of any wrongdoing in any scenario. For example, at least in the jurisdiction I practice in, an enforceable waiver does not absolve reckless misconduct, i.e., something above negligence. So, if you waive your rights regarding potential exposure to COVID, but in the park employees are coughing on people, not wearing masks, and not cleaning surfaces, it seems possible to open the door there. Also, it's not possible to waive liability on behalf of a minor in some states, not sure if that is the case in Florida. Lastly, I'll just add the law will evolve in this area as it is new territory for the most part, and much of that jurisprudence will be informed by how companies respond to the information that is out there. I think Disney is putting itself in a good position by warning visitors, but also training staff to avoid torts that rise above what they are otherwise protected against. Of course there will be claims and settlements.

One thing I will throw out there that seems to run through forums like this - get advice from a professional. If you are injured at Disney in any scenario, talk to an attorney. If you are worried about getting sick at Disney, speak to your medical practitioner. These people give advice for a living, and that advice should factor into the formula of how you act. I see a lot of "Disney can do whatever they want, it's private property man!" I also see a lot of "I feel good about going to the parks because other bloggers/podcasters etc are going." I have no opinion on what other people do, I am just offering that you can and should speak to a professional and obtain professional advice.
 
If you’re wearing a mask, maintaining your distance, and mostly outside, the risk does go down.
 

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