The mother of a boy who died at Disney’s Fort Wilderness Lodge in Florida has filed a wrongful death lawsuit against Walt Disney Parks and Resorts. A Disney bus passed and struck a 9-year-old boy, who was then pulled under the rear wheels.

Several issues are raised by this case that are relevant to accidents that occur in California. First, can an employer be held liable for the actions of its employees? In many situations, the answer is yes. However, it depends on the circumstances of each case.

Additionally, can the boy’s family still recover if he is found partly to blame? Here the Florida Highway Patrol states that the boy’s flat tire is to blame for the accident. California is a comparative negligence state. Thus, if the boy’s flat tire played a role in the accident, it may reduce the amount of recovery, but recovery will still be allowed if Disney, or the bus driver, is still found at fault.

Finally, the conditions of the road have been questioned. The lawsuit contends that pedestrians and bicyclists were often forced onto the roadway and unpaved wetlands to avoid others. Because of steep gullies and railing, people were unable to move to the interior. As a result, the party responsible for maintaining the road and sidewalk may also be at fault.

Tragic accidents often have many complicating factors that determine who is at fault and how much a family can recover. As a result, it crucial to contact a knowledgeable attorney who can thoroughly investigate the circumstances surrounding an event and help victims and their families obtain the compensation they deserve.

For more information, or if you have lost a loved one due to the recklessness or carelessness of another, contact the Law Office of Frederick J. Sette, helping the injured throughout California for more than 15 years.