Disney is formally pushing back against a $50,000 lawsuit filed by a guest who claims she suffered permanent injuries at Magic Kingdom. The plaintiff, Rhonda Smith, alleges that her foot became caught in the steel trolley tracks on Main Street, U.S.A., leading to a fall that resulted in physical and mental pain. According to the complaint, the incident occurred during a high-traffic period where the gaps in the rails created an “unreasonable hazard.” Smith argues that Disney failed to provide adequate warnings or safety markers to alert guests to the uneven changes in elevation along the pedestrian walkway.
The “Open and Obvious” Defense
Disney’s legal team filed a aggressive response denying all liability for the incident. The company’s defense centers on the “open and obvious” doctrine, arguing that the trolley tracks are a visible and permanent feature of the park. Under Florida law, property owners generally do not have a duty to warn guests about hazards that a person using reasonable care should clearly see. Disney contends that the guest should have been aware of her surroundings while navigating the street, especially since the tracks have been a part of the park’s design since opening day.
Allegations of Guest Negligence
In addition to the visibility defense, Disney asserts that the plaintiff’s own negligence caused the fall. The legal filing suggests that Smith failed to exercise proper caution and chose to walk in the middle of the street rather than utilizing the provided sidewalks. Disney is utilizing Florida’s modified comparative negligence rule, which bars a plaintiff from recovering any damages if they are found to be more than 50% responsible for their own injury. By shifting the focus to guest behavior, Disney aims to prove that the responsibility for the accident lies with the individual rather than the park’s infrastructure.
Medical Challenges and Pre-existing Conditions
Disney is also challenging the severity and cause of the injuries reported in the lawsuit. The defense team suggests that the plaintiff’s current physical state may stem from pre-existing medical conditions rather than the fall on Main Street. This tactic requires the plaintiff to prove a direct link between the trolley tracks and her “permanent disability.” By questioning the medical evidence, Disney creates a higher burden of proof for the plaintiff as the case moves toward a potential jury trial.
Potential Impact on Main Street Design
While trip-and-fall cases are frequent for major theme parks, this specific lawsuit could have lasting implications for the aesthetic of Magic Kingdom. If a jury finds Disney liable, the company might face pressure to modify or remove the iconic trolley tracks to prevent future litigation. Currently, both parties have demanded a trial, which is tentatively scheduled for late 2027. Fans are watching the case closely, as the outcome could determine whether the historic look of the park’s entrance remains intact or undergoes a significant safety-driven renovation.
If you want to book your magical trip, contact Enchanted Kingdom Vacations and to keep up to date on all the latest Disney news and more, be sure to follow Disney Dorks on Facebook!