Parents sue because of Hot nacho cheese

[Victor Kelly]

Jeff Weiner, Orlando Sentinel

12:05 a.m. EST, February 11, 2011
E-mail Print Text Size os-disney-lawsuit-child-burned-cheese20110210
San Diego parents who say their young son suffered "severe burns" at the hands of scalding hot nacho cheese served to them during a family vacation have filed suit against Walt Disney Parks and Resorts, records show.

In their suit, filed in California district court on Wednesday, parents Michael and Maria Harris said they were eating dinner at Disney World while on vacation in March when the cheese was spilled on their son's face.

"The cheese was scalding hot and resulted in severe burns" to the child, 4-year-old Isaiah Harris, the suit says. The suit alleges that Disney served the cheese "negligently and carelessly" and made "no effort" to regulate its temperature.

The suit says the child suffered "permanent scarring, pain and suffering" as a result of the burns, and his parents suffered "emotional distress" from witnessing his agony.

In their suit, the Harris family asks for the medical and legal costs incurred as well as punitive damages and "further relief as this Court deems just and proper."

Asked for comment, a Disney spokeswoman issued the following statement: "It's unfortunate when any child gets injured. We just received notice of the lawsuit and we are currently reviewing it."

Jeff Weiner can be reached at 407-420-5171, or @OSNightCops on Twitter.


Here we go again. The article says the nacho cheese was spilled on his face. Um, parents wake up and take responsibility for your own inactions. How often does one hear of nacho cheese being cold when served?

This is why the prices keep getting hiked all the time. What is next a lawsuit against Disney claiming injuries for blisters and sore feet?

[MississippiDisneyFreak]

Wow...I agree people are sue happy...

I have a coworker who was staying at a DisneyWorld resort who was curling her hair with a curling iron when there was a power surge. The severe heat burned her hair and a huge chunck of it fell out, luckily she wasn't hurt. She didn't sue, but Disney reimbursed her for her trip, paid for her to come back on another free trip and paid for her to get hair extensions. So, they are pretty good of taking care of things when it is something legitimite.

[WDWfanatic742]

The times we live in...

[BrerGnat]

Wow...

[Momto3littlemice]

Okay, if the Disney employee had done the spilling... perhaps I could see this. But, it sounds like it was the child/ill supervised that did the spilling. I can't even fathom how someone would sue that their nacho cheese was too hot. In fact I bet it has to be at a hot enough temperature to be food -safe. That is discouraging.

[big blue and hairy]

The one part of this that I would like to see more about is the permanent scarring. Without proof, I don't believe it, but I will say nacho cheese shouldn't be that hot. Again, without proof, I don't believe them, and even with photographic evidence my first though would be, how long was that cheese on his face before you got it off, mom/dad??!

[BraddyB]

IF, the child was burned as badly as stated, I am sure Disney would have filed an accident report. I am also sure they would have photos of the incident. Sounds like someone is trying to use their stupidity to increase their wallet size.

No one would sue Disney because of blisters on their feet!!!

BUT I am thinking of a class action lawsuit against Disney for emotional distress after leaving the park. I suffer depression, fatigue, and either weight loss or gain. Anyone want in on my suit.

[VWL Mom]

According to another article, the boy spilled it on himself while eating at Cosmic Rays. The lawyer "thinks" the cheese was 160 degrees but isn't sure. The photo does show blistering above the boys mouth. The lawyer goes on to say, parents have the right at Disney to expect childrens' food to be served at a reasonable temp.

While I feel sorry for the boy IMHO there comes a point parents have to stop blaming their negligence on everyone else. I don't know about anyone else but when we ate away from home I always checked the temp of food before giving it to my kids.

[MississippiDisneyFreak]

IF, the child was burned as badly as stated, I am sure Disney would have filed an accident report. I am also sure they would have photos of the incident. Sounds like someone is trying to use their stupidity to increase their wallet size.

No one would sue Disney because of blisters on their feet!!!

BUT I am thinking of a class action lawsuit against Disney for emotional distress after leaving the park. I suffer depression, fatigue, and either weight loss or gain. Anyone want in on my suit.

Count me in

[MississippiDisneyFreak]

[While I feel sorry for the boy IMHO there comes a point parents have to stop blaming their negligence on everyone else. I don't know about anyone else but when we ate away from home I always checked the temp of food before giving it to my kids.[/QUOTE]

Exactly who gives a 4 year old food without checking it....

[DizneyRox]

Hey, I'm going to have to eat at Cosmic Ray's next time! I can't remember the last time I got something HOT HOT HOT at WDW. Usually it's luke warm, not cold enough to complain, but not hot enough to my liking.

[BrerGnat]

My son burned his chin on a cookie sheet that had just come out of a 450 degree oven.

He does not have permanent scarring...

I don't buy it. The parents should have been more careful about the food they gave to their child.

In addition, as far as I know, "hot cheese sauce" is not, technically, part of any sort of Kid's Meal at Disney. So, it's not like this item was intended for consumption by a 4 year old.

And, isn't the cheese sauce self serve? Doesn't it come in a paper cup? Can't you feel that it's hot when you're holding the cup and dispensing the sauce?

Idiot parents...

[Granny Jill A]

I saw a picture of the little boy's face. I can't figure out how the sauce was spilled on his face. Who spilled it? The boy or his parents?
Didn't they notice the sauce was molten when they dispensed it over the nachos? Or did the boy serve himself? Finally, who gives a 4-year-old child hot food without testing it themselves?

I'm sorry the little guy got burned, but Disney is not the culprit here.

[dnickels]

Plaintiffs: Isaiah Harris , Carmen Maria Harris and Michael Jerome Harris, Jr.
Defendants: Walt Disney Parks and Resorts U.S., Inc.

If you do a little search you can find a civil filing against a 'Carmen Harris' recently in San Diego county for unlawful detainer. Basically what happens when a tenant has to be kicked out of an apartment for not paying rent.

Gee, she doesn't sound like the type that would be after money now does she?

[DisneyMom12]

No one would sue Disney because of blisters on their feet!!!

BUT I am thinking of a class action lawsuit against Disney for emotional distress after leaving the park. I suffer depression, fatigue, and either weight loss or gain. Anyone want in on my suit.

[DisneyMom12]

According to another article, the boy spilled it on himself while eating at Cosmic Rays. The lawyer "thinks" the cheese was 160 degrees but isn't sure. The photo does show blistering above the boys mouth. The lawyer goes on to say, parents have the right at Disney to expect childrens' food to be served at a reasonable temp.

While I feel sorry for the boy IMHO there comes a point parents have to stop blaming their negligence on everyone else. I don't know about anyone else but when we ate away from home I always checked the temp of food before giving it to my kids.

I agree.

[Ian]

Here's the way I see it ...

If, in fact, a Disney server somehow dropped scalding hot cheese on the face of a four year old, resulting in burns to the face and scarring then these folks deserve to be compensated.

Sadly, I suspect that's not the case. First off, as far as I can remember, the nacho cheese at Cosmic Ray's is served ice cold out of a pump dispenser. Secondly, nothing at Disney World is served hot enough to leave scars. Third, there are no servers at Cosmic Ray's, ergo it's impossible that a Disney employee dumped it on him. And perhaps most importantly, if this happens I'm 100% certain that Disney would have a report on it, the parents would have raised a stink, and Disney wouldn't be just finding out about it.

I hate to speculate, but if I had to bet I'd bet the parents burned the kid themselves to try and set up a scam on Disney. Unfair? Maybe, but based on my extensive years observing human behavior that's where I'm placing my money.

[jlmct52]

IF, the child was burned as badly as stated, I am sure Disney would have filed an accident report. I am also sure they would have photos of the incident. Sounds like someone is trying to use their stupidity to increase their wallet size.

No one would sue Disney because of blisters on their feet!!!

BUT I am thinking of a class action lawsuit against Disney for emotional distress after leaving the park. I suffer depression, fatigue, and either weight loss or gain. Anyone want in on my suit.

You have an excellent idea for a lawsuit and I'll join you in it! Class action lawsuit maybe?

I don't know why we never did this before!

[cer]

Didn't they notice the sauce was molten when they dispensed it over the nachos?

"molten"

LOL!

[TinkerbellT421]

People are so suit happy these days. This story brings back memories of the illicit.....McDonalds coffee is too hot when the woman proceeded to drive with scolding coffee cup between her legs....now Im not even going to attempt to go there but seriously...

Ok, like everyone else has already pointed out IF the story is true, then yes they should be compensated if the employee accidentally spilled the cheese on the child. But IMHO, its a bull story.

And honestly, why did these things never happen to us as children???????????? My mom and dad would always make sure something was cool enough for me to eat or drink before giving it to me. Especially as a child not being stable enough to handle something that would be hot like adults can. Why didnt the parents, knowing nacho cheese is served hot to a certain extent, make sure it wasnt TOO hot before giving it to him!?!? These stories annoy me when its pretty apparent that some of the responsibility should lay on the parents and the lack of common sense....but again thats IMHO.