About two years ago, four women, Qi Zhao and her two sisters, and one niece, were all riding the Disney Tram at Disneyland when their tram took took at turn around to go in a reverse direction. Ms. Zhao had been at the theme park about 10 hours and was fast asleep when the tram took the turn around and fell causing a brain injury.

This injury also caused a fractured skull and she was in a come for about three weeks; fortunately, the other sisters, and niece suffered only minor injuries. A lawsuit was filed by the family based on safety violations with Tram. More specifically, the Tram lawsuit alleged violations in safety precautions for tourists who get tired on the Tram ride. Now, Disney asserted that there is an assumption of the risk when a person does not listen to the safety precautions that they continually announce during the Tram ride. This case was going to a jury but Disney decided to settle it out of Court. Disney, of course, did not list publicly (as they usually do) the settlement amount, but the case was going before a conservative Orange County jury.

I suspect both sides had some interesting points in liability and defense. What do you think? Should Disney pay for these injuries when a person falls asleep in the Tram? Let me know your thoughts. Have you ever been injured at a theme park with similar facts? Different facts? Anyone injured at a theme park should consult with an experienced injury attorney to learn about their legal rights. Injuries at theme parks tend to be unique in that there is usually some defense element to consider (depending on the facts of the injury).


Mark Blane
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Founder of The Law Offices of Mark Blane, APC
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