Walt Disney Parks and Resorts Orlando
Walt Disney Parks is currently facing a $50,000 lawsuit for a count of negligence for an incident in Typhoon Lagoon last October 2019. Reuters / OCTAVIO JONES

A park guest sued Walt Disney Parks and Resorts for a severe injury that occurred on October 14, 2019, at Typhoon Lagoon in Lake Buena Vista, Florida.

Plaintiffs Edward and Emma McGuinness filed a case against the water park operators last week in the Circuit City court for Orange County, Florida. Case documents state that Emma sustained severe to permanent injuries when she was on the Humunga Kowabunga extreme water slide while booked in the resort for two weeks. The McGuiness family celebrated Emma's 30th birthday in the theme park.

How the accident happened

According to Disney's website, the Humunga Kowabunga attraction is a 214-foot slide in the dark with a near-vertical drop for guests to plunge into a pool of water. Court documents suggest that the force of the water pushing out from the slide can cause loose garments to lodge in a person's anatomy. This event is referred to in the case as a 'wedgie'.

Case documents detail that during the incident, Emma assumed safety positions instructed in Humunga Kowabunga when riding the pool slide, such as crossing the ankles. However, the speed from both the water and the height of the slide kept Emma off balance and was momentarily airborne for the duration of the ride before slamming into the slide.

The impact from the five-storey, 40 mph, extreme water slide violently forced her one-piece swimsuit to enter parts of her anatomy, causing severe internal pain and bleeding between the legs once the ride was over.

After the severe wedgie occurred, she was rushed to a local hospital for emergency first aid. Once the initial treatment concluded, Emma went to another hospital for a specialist to repair gynaecological injuries, some of which include vaginal lacerations, bowel protrusion from the abdominal wall and possible other permanent injuries.

Apart from the severe injuries from the incident in Typhoon Lagoon, Emma sustained mental health strains and earnings loss. Her husband Edward has also said that there was a loss of consortium on their end while dealing with the injury.

The case documents argue that wedgies can be much more severe for women compared to men because of their anatomy's difference.

Seeking justice

The plaintiffs say that Walt Disney Parks and Resorts knew or should have known about the hazards that Humunga Kowabunga could pose for its guests. The case argues that protective clothing and garments like rider shorts should have been suggested or offered should guests want to ride the water slide. Information about women crossing their ankles should also have been stressed by the park operators for Humunga Kowabunga.

The case continues that the tragic incident could have been prevented had the park operators thought of disseminating precautions properly before going through the water slide.

The lawsuit states that the McGuiness family wants to sue Walt Disney Parks and Resorts on a count of negligence. They are seeking compensation for damages exceeding $50,000, exclusive of interest and taxable costs. The family also demanded a jury trial against the park operators.

As of writing, lawyers of the McGuiness family and Disney have no statements about the incident.