Westernbiker
Member
Posts: 1464
1st Place Street Kings National Cruiser Class
Phoenix
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« on: February 11, 2011, 11:37:48 AM » |
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Disney Nacho Cheese Lawsuit: Family of 4-Year-Old Sues Over Burns from Meal at Magic Kingdom (CBS/WKMG) A family is suing Walt Disney Parks and Resorts after they say their 4-year-old son was badly burned by dangerously hot nacho cheese that spilled on him at the Magic Kingdom.
In a lawsuit filed in a California District Court on Wednesday, the parents of Isaiah Harris said he suffered second- and third-degree burns, claiming "the nacho cheese was scalding hot."
According to CBS affiliate WKMG, attorney Sean Cahill said Isaiah somehow spilled the nachos on himself when trying to eat dinner during a visit to the Magic Kingdom's Tomorrowland on March 17, 2010. It was the family's first trip to Walt Disney World in Orlando, and Cahill said the family had dinner at Cosmic Ray's Starlite Cafe.
"Typically, to cause the type of burns that Isaiah experienced, the nacho cheese would... have been at least 160 degrees Fahrenheit," said Cahill, who admits he does not know the exact temperature of the cheese at the time.
Cahill said Isaiah was treated at an Orlando-area hospital immediately after being burned. He said the boy is still receiving treatment for his burns 11 months later.
Why is Disney responsible for the burns and not his parents?
"I think the parents, like the child, like any reasonable person, would have an expectation of food being served to children would be served at a reasonable temperature," Cahill told WKMG.
Cahill also said the nachos did not come with any warning of their temperature. The family also alleges Disney never took their son's injuries seriously.
"It's unfortunate when any child is injured. We just received notice of this lawsuit and we're currently reviewing it," Disney said in a statement.
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![](http://weathersticker.wunderground.com/weathersticker/miniStates/language/www/US/AZ/Phoenix.gif") May the Lord always ride two up with you! |
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czuch
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« Reply #1 on: February 11, 2011, 11:48:23 AM » |
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Need to see if his Nacho qualification card was punched.
I've never had nachos stay that hot from counter to table. Really!
Close Disneyland any way.
Its dangerous to have dear little tykes believe in Princesses or dwarves protecting beautiful women. Hippos dancing and escapisim are ruining this country.
(heavy sarcasm font)
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Aot of guys with burn marks,gnarly scars and funny twitches ask why I spend so much on safety gear
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Big Rig
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« Reply #2 on: February 11, 2011, 12:00:50 PM » |
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Sorry for the child's misfortune...but as a parent, I do not feed my children nacho's for dinner.... Wonder how much they will get when the settle out of court.... There is a person I work with that is suing disney, bc injuries a family member suffered while stepping of a bus....????  When do people start taking responsibilty for their own actions...  flame away.... |
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Chrisj CMA
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« Reply #3 on: February 11, 2011, 12:41:43 PM » |
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Sorry for the child's misfortune...but as a parent, I do not feed my children nacho's for dinner.... Wonder how much they will get when the settle out of court.... There is a person I work with that is suing disney, bc injuries a family member suffered while stepping of a bus....???? When do people start taking responsibilty for their own actions... flame away.... People will stop blaming EVERYONE ELSE and filing these kind of law suits whenever they stop being paid big bucks. Its really not the people as much as it is the Lawyers!!!!!! Greed Greed Greed |
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Bobbo
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« Reply #4 on: February 11, 2011, 12:47:09 PM » |
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"The family also alleges Disney never took their son's injuries seriously."
This may have a lot to do with it too.
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Jeff K
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« Reply #5 on: February 11, 2011, 12:47:19 PM » |
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But really? 160 degrees? I thought food had to be cooked to 180 minimum?  If his chicken was served at 160 they sue that it was under cooked... |
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« Last Edit: February 11, 2011, 12:50:40 PM by Jeff K »
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Bobbo
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« Reply #6 on: February 11, 2011, 12:54:53 PM » |
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But really? 160 degrees? I thought food had to be cooked to 180 minimum? If his chicken was served at 160 they sue that it was under cooked... Most foods are considered cooked at 130F to 165F internal temperature depending on how long it is maintained at that temperature. Holding temperature for hot foods is usually 135F minimum. 160F+ for cheese sauce sounds excessive. |
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larryd
Member
Posts: 52
# 31416.........2001 standard
Rochester, N.Y.
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« Reply #7 on: February 11, 2011, 01:01:15 PM » |
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IMHO it will be tough to prove ownership of said cheese. It has ben admitted by both party's it is notcho cheese. If it isn't notcho cheese then who's is it ?? a bit of bad humor and scarcasm inserted here. Not funny someone was hurt. But the notcho thing got me.
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2001 valk standard
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Jeff K
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« Reply #8 on: February 11, 2011, 01:05:53 PM » |
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But really? 160 degrees? I thought food had to be cooked to 180 minimum? If his chicken was served at 160 they sue that it was under cooked... Most foods are considered cooked at 130F to 165F internal temperature depending on how long it is maintained at that temperature. Holding temperature for hot foods is usually 135F minimum. 160F+ for cheese sauce sounds excessive. I'm sure there is more to this story. The temperature "danger zone" is 41 to 135 degrees. I have to sit through these classes all the FN time. |
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Jeff K
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« Reply #9 on: February 11, 2011, 01:08:52 PM » |
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It's going to be tough to prove the cheese was more than 160 degrees. Since Disney said the law suit was the first they had heard of it. They will settle.
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Bobbo
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« Reply #10 on: February 11, 2011, 01:16:59 PM » |
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It's going to be tough to prove the cheese was more than 160 degrees. Since Disney said the law suit was the first they had heard of it. They will settle.
They will most likely depend on a doctor to convince Disney or a judge that the cheese was hot enough to cause the injury. If there is a legal precedence for nacho cheese temperature, I’m sure some paralegal will find it!  |
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Jeff K
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« Reply #11 on: February 11, 2011, 01:19:57 PM » |
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A quick check of Nacho Cheese pots shows they are set for 140 degrees and they can't be adjusted. Well, most of them are non adjustable, just on and off. How did the kid get cheese on the bridge of his nose?  http://www.wesh.com/themeparks/26830638/detail.html |
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« Last Edit: February 11, 2011, 01:25:32 PM by Jeff K »
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Brad
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« Reply #12 on: February 11, 2011, 01:23:34 PM » |
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People need to exercise common sense at all times. Do not take a pizza directly from the oven and place in your mouth. The same can be said of nacho cheese. I have personally had nacho cheese at a low boil on the stove and then poured over a large platter of chips. During the short walk to the living room the chips and cheese seemed to be of a temperature that those watching the game were able to stuff them into their mouths without any injury. The other problem I have with law suites like this is that it is becoming harder and harder to buy take out food that is not cold.
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Bobbo
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« Reply #13 on: February 11, 2011, 01:36:53 PM » |
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A quick check of Nacho Cheese pots shows they are set for 140 degrees and they can't be adjusted.
A third degree burn can occur at 140F with contact for 5 seconds. The hotter the substance, the less time it takes to burn. I’m guessing the cheese stuck to him and he couldn’t get it off quickly, causing his injury. |
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Chrisj CMA
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« Reply #15 on: February 11, 2011, 01:54:40 PM » |
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reminds me of the lady that spilled hot coffee on her lap at McDonalds. Its always someone elses fault. And these people get to vote too |
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Skinhead
Member
Posts: 8727
J. A. B. O. A.
Troy, MI
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« Reply #16 on: February 11, 2011, 03:21:28 PM » |
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IMHO it will be tough to prove ownership of said cheese. It has ben admitted by both party's it is notcho cheese. If it isn't notcho cheese then who's is it ?? a bit of bad humor and scarcasm inserted here. Not funny someone was hurt. But the notcho thing got me.
I thought it was funny, the notcho thing, not the burn thing. |
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 Troy, MI |
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musclehead
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« Reply #17 on: February 11, 2011, 03:44:46 PM » |
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Sorry for the child's misfortune...but as a parent, I do not feed my children nacho's for dinner.... Wonder how much they will get when the settle out of court.... There is a person I work with that is suing disney, bc injuries a family member suffered while stepping of a bus....???? When do people start taking responsibilty for their own actions... flame away.... People will stop blaming EVERYONE ELSE and filing these kind of law suits whenever they stop being paid big bucks. Its really not the people as much as it is the Lawyers!!!!!! Greed Greed Greed how about loser pays court costs, should cut down on the stupid lawsuits |
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'in the tunnels uptown, the Rats own dream guns him down. the shots echo down them hallways in the night' - the Boss
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Jeff K
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« Reply #18 on: February 11, 2011, 04:06:34 PM » |
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Local news went "under cover" to check the cheese. It was indeed 160 degrees. But there is indeed a sign stating that the cheese is HOT.
So since the accident happened 11 months ago... and there isn't a line of scalded bodies surrounding the pot of melted cheese... I'd have to say...
This is a bull$hit story.
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Garfield
Member
Posts: 454
97 Standard
Phoenix, AZ
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« Reply #19 on: February 11, 2011, 04:21:22 PM » |
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My company gets sued all the time, and most of them are Bull. Just people looking for a easy buck.
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Oss
Member
Posts: 12615
The lower Hudson Valley
Ossining NY Chapter Rep VRCCDS0141
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« Reply #20 on: February 11, 2011, 04:36:00 PM » |
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and what kind of people sit on the jury? US?   After all, the hard truth is that if juries did not award money the lawsuits would stop like RJ says thats all I have to say |
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If you don't know where your going any road will take you there
George Harrison
When you come to the fork in the road, take it
Yogi Berra (Don't send it to me C.O.D.)
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Valker
Member
Posts: 3001
Wahoo!!!!
Texas Panhandle
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« Reply #21 on: February 11, 2011, 04:42:00 PM » |
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and what kind of people sit on the jury? US? After all, the hard truth is that if juries did not award money the lawsuits would stop like RJ says thats all I have to say Oss, I always figured that most juries were made up of the folks who weren't smart enough to get out of it...  Totally just kidding, I really think juries are the most powerful force in the judicial makeup.  |
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I ride a motorcycle because nothing transports me as quickly from where I am to who I am.
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bigfish_Oh
Member
Posts: 404
Allis
West Liberty,Ohio 43357
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« Reply #22 on: February 11, 2011, 04:51:12 PM » |
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reminds me of the lady that spilled hot coffee on her lap at McDonalds. Its always someone elses fault. And these people get to vote too I will never defend these idiots for not taking personal responsibilitie---- however there was a little more that never got heard much on the split coffee. All the lady wanted was help with her medical bills/treatment, she did get burnt, they blew her off. The shriners burn people had ask McDonaalds many times in the past to lower temps, they blew them off. she ask again for help, they blew her off(very minimal dollars to cover her losses) she had to show them and I don't blame her for getting their hollier than thou thick headed attention for not giving her a couple hundred dollars in the beginning. yeah someone said it, our food keeps getting colder and colder. |
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Chrisj CMA
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« Reply #23 on: February 11, 2011, 06:19:10 PM » |
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reminds me of the lady that spilled hot coffee on her lap at McDonalds. Its always someone elses fault. And these people get to vote too I will never defend these idiots for not taking personal responsibilitie---- however there was a little more that never got heard much on the split coffee. All the lady wanted was help with her medical bills/treatment, she did get burnt, they blew her off. The shriners burn people had ask McDonaalds many times in the past to lower temps, they blew them off. she ask again for help, they blew her off(very minimal dollars to cover her losses) she had to show them and I don't blame her for getting their hollier than thou thick headed attention for not giving her a couple hundred dollars in the beginning. yeah someone said it, our food keeps getting colder and colder. Sounds well and good, but unless they find a way to serve coffee thats hotter than 212° ( I think theirs is under that) I think they are fine. You have to treat a fresh cup of coffee as a hazard. Boiling water is what is used to make coffee, even if the storage pot is set at some lower temp, they probably serve it right from the brewing station many times....cant help what the machine puts out.........she was still a bone head for pouring on herself and the actual temp of the coffee was besides the point. Any cup of coffee hot enough to not be sent back for being luke warm would have hurt her |
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RoadKill
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« Reply #24 on: February 11, 2011, 06:32:45 PM » |
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McDonalds Coffee cup lids now have a warning not to spill it in your lap in Spanish an English. If some one that only speaks swahili or french spills it do they get a million bucks? I think it should be written in braile for the blind too! Why didn't those bastards warn me that it would stain my dashboard if I didnt clean the spill within 3 weeks ! |
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RoadKill
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« Reply #25 on: February 11, 2011, 06:38:21 PM » |
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and what kind of people sit on the jury? US? After all, the hard truth is that if juries did not award money the lawsuits would stop like RJ says thats all I have to say I would not want 12 random Americans on my Jury! 6 of them are below average!! |
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