The Truth Behind the Water Slide “Wedgie” Lawsuit

JAMES D. PAYER | November 17, 2024 | Orlando Personal Injury Blog

The water slide “wedgie” lawsuit arose from an incident that occurred at Disney World‘s Typhoon Lagoon in Orlando. The ride in question, called Humunga Kowabunga, features a five-story vertical drop. The plaintiff, Emma McGuinness, suffered injuries after she unexpectedly became airborne during the vertical drop. The incident caused Ms. McGuiness to suffer severe “wedgie” lacerations and internal injuries caused by her swimsuit during impact. 

The Media Impact

Most people are familiar with the term “wedgie.” For those who aren’t, a quick internet search will provide the necessary context. Unfortunately, the “wedgie” description attracted great media attention because of its salacious nature.

In truth, Ms. McGuinness suffered painful injuries that were deserving of sympathy. Nevertheless, even the use of the term “wedgie” undoubtedly caused Ms. McGuinness great humiliation and emotional distress. 

How Premises Liability Cases Work

Owners and operators of real estate, such as Disney, owe their guests an obligation to keep their premises safe from unreasonable dangers. In other words, they face premises liability. They must regularly inspect their property for hidden dangers, repair any dangerous conditions, and warn guests of any unavoidable dangers. 

If they fail to perform these obligations and an injury or a death results, they can face personal injury or wrongful death liability. The McGuinness case is an example of a premises liability claim arising from McGuinness’s allegations of negligence.

Disney’s Negligence

Ms. McGuinness alleges that Disney:

• Failed to properly warn Ms. McGuinness that she must keep her legs crossed throughout the ride, and that crossing her legs at the ankles was insufficient.
• Did not provide any special clothing that might have prevented her injuries.
• Failed to institute various other security measures that might have made the ride safer.

The main issue is whether Disney’s instructions were sufficient given the specific circumstances and the potential for injury.

Comparative Negligence

Florida applies a modified comparative negligence scheme that divides fault on a percentage basis if the parties share fault. If Ms. McGuinness’s percentage of fault was 50% or less, she would lose that exact percentage of her compensation. If her percentage of fault was greater than 50%, she would lose 100% of her compensation. There is no telling, however, what might happen in settlement negotiations.

The Statute of Limitations and Florida’s ‘Grandfather Clause’

On March 24, 2023, Florida changed its statute of limitations deadline from four years to only two years. Nevertheless, the four-year statute of limitations still applies to injuries that occurred before March 24, 2023. 

Since the “wedgie” incident occurred in October 2019, the four-year statute of limitations still applies. And since the lawsuit was filed in September 2023, Ms. McGuiness did not miss the deadline. Had the two-year statute of limitations applied in October 2019, a September 2023 lawsuit would have missed the deadline, and her claim would have been worthless. This observation underscores the importance of paying close attention to the statute of limitations deadline.

Should Disney Pay Ms. McGuinness Damages for Emotional Distress?

Ms. McGuinness undoubtedly suffered emotional distress due to the above-described media circus. Nevertheless, Disney is probably not legally responsible. The media circus that humiliated Ms. McGuinness is probably a “supervening cause” that breaks the chain of causation between Disney’s negligence and Ms. McGuinness’s injuries. Meanwhile, the First Amendment probably protects the media from liability. 

Case Status

Ms. McGuinness filed a lawsuit in September 2023. As of November 2024, settlement negotiations were still underway. Ms. McGuinness is seeking at least $50,000 in compensation. Disney might eventually settle the case out of court. 

Have You Been Injured at an Amusement Park? Payer Law Personal Injury Lawyers Can Help

Amusement parks can be dangerous places simply because of the nature of the activities that go on there. Fortunately, amusement parks are well-insured. Payer Law Personal Injury Lawyers can help you negotiate a generous settlement or, if necessary, file a lawsuit. Under the contingency fee system that most lawyers use, you don’t even have to pay attorney’s fees unless you win your case. Contact our team today to schedule a free consultation.

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