Harlene Labrum | December 13, 2024 | Personal Injury
The Truth Behind the Water Slide “Wedgie” Lawsuit
Media coverage of the Disney World “wedgie” incident of 2019 and the subsequent lawsuit is an example of sensationalistic reporting that literally added insult to the victim’s injury. In the suit, the media covered the incident in a manner that trivialized the humiliation of the victim. It also falsely characterized the victim’s modest request for compensation as an example of yet another frivolous lawsuit.
The wedgie lawsuit highlights a personal injury lawyer’s ethical duty to not only maximize the victim’s compensation but also to protect their client against salacious media coverage.
The Accident
The plaintiff, Emma McGuinness, was celebrating her 30th birthday at Disney’s Typhoon Lagoon amusement park when she suffered a serious injury on the Humunga Kowabunga water slide. The ride, which features a 5-story drop and reaches speeds of up to 40 mph, caused her body to become airborne during the descent. This malfunction slammed her body against the wall and forced her legs apart before she crashed into the pool at the end of the ride.
The Victim’s (Graphic) Injuries
According to the incident report, the slide caused Ms. McGuinness’s clothing to be painfully forced between her legs while water was violently forced inside her body. This resulted in excruciating pain and significant bleeding. She was initially taken by ambulance to a hospital that was not equipped to treat her severe injuries and was later transferred to a more suitable facility. Ms. McGuinness sustained extensive internal organ damage and severe vaginal lacerations. The injuries were so severe that her lacerations extended deeply, causing her bowel to protrude from her abdomen.
Legal Theory: Premises Liability
Victims of accidents like these often report to the legal theory of premises liability as a way of framing their personal injury claim. A court can hold a property owner liable for injuries to guests. Premises liability arises when an unreasonably dangerous condition injures someone on the property. In this case, Disney was the property owner, Typhoon Lagoon was the property, and the Humunga Kowabunga ride malfunction was the dangerous condition.
The Victim’s Claim: What Did Disney World Do Wrong?
Following is a list of allegations that the plaintiff has asserted against Disney:
- Lack of essential safety gear: The ride lacked safety gear such as innertubes or mats.
- Lack of clear safety instructions: The plaintiff alleges that Disney failed to provide adequate safety instructions, particularly with respect to leg positioning.
- Inadequate supervision and response: Disney staff failed to monitor riders and intervene when they saw her in distress.
- Design flaws: The Humunga Kowabunga water slide is inherently dangerous, particularly for females.
In a nutshell, the plaintiff alleges that Disney negligently operated the Typhoon Lagoon water park and failed to take reasonable steps to protect guests from harm. As of November 2024 So far, no court has ruled on these allegations.
Case Status
In May 2024, plaintiff Emma McGuinness filed a lawsuit in Orange County, Florida, seeking $50,000 in compensation for her medical expenses and pain and suffering. While this amount is relatively modest compared to what other plaintiffs have sought for similarly severe injuries, she may choose to increase her demand at a later stage. It appears she is currently attempting to reach an out-of-court settlement with Disney, though this has not been confirmed.
Contact a Nashville Personal Injury Lawyer If You Suffered a Serious Injury
Don’t wait until you’re already negotiating with an insurance company to hire a Nashville personal injury lawyer. By that point, you may have made mistakes that could irreparably harm your claim. At Labrum Law Firm Personal Injury Lawyers, we focus exclusively on personal injury cases, offering aggressive and attentive representation.
We won’t let the media or defendants intimidate or bully you. With our contingency fee system, you only pay attorney’s fees if you win your case. If you don’t win, you owe nothing—your attorney’s fees will be $0.00. Contact our team today to schedule a free consultation.
Contact the Nashville Personal Injury Attorneys at Labrum Law Firm Personal Injury Lawyers Today
For more information, please contact the Nashville personal injury law firm of Labrum Law Firm Personal Injury Lawyers to schedule a free consultation today.
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