A Long Island mother has filed a $2 million lawsuit against Disney, claiming that she was permanently scarred after being struck by a “mammoth” wave at the resort’s Typhoon Lagoon water park. Kimberly Panetta, 45, alleges that her annual family trip to Walt Disney World turned into a nightmare when she was “violently struck” by a forceful wave while attempting to rescue her 3-year-old daughter from a water slide in the children’s area of the wave pool.
Disney Water Park Hit With Lawsuit
The lawsuit, filed in Brooklyn Federal Court, describes how the wave hit Panetta with such intensity that it “pummeled” her, causing her body to skid across the cement-like surface, leaving deep and severe “road rash” on her legs. The legal filing claims that the impact of the wave was so powerful that it caused Panetta to slide across the concrete or gunite for about 15 to 20 feet.
“She would have definitely been hurt had my wife not held her up and taken the brunt of the injury,” said Frank Panetta, Kimberly’s husband. He described the scene as chaotic, with his wife being thrown across the pool and injuring herself so badly that she was unable to walk properly for the remainder of the trip.
According to the lawsuit, the injury caused Kimberly intense pain, with her leg “throbbing” throughout the night and making it difficult to walk. The severity of the injury forced the Panetta family to cancel the remainder of their vacation plans, including poolside activities at their resort, and restricted Kimberly from enjoying the Disney parks. We had all these plans, and we had to cancel everything,” Kimberly said in the court filing. “I couldn’t even go in the pool where we were staying; I had to stay inside. Everything was completely ruined.”
The Panettas say that Disney offered a meager $250 credit for the incident, a gesture that was deemed insufficient by the family. Frank Panetta expressed frustration over the lack of compensation, emphasizing that the experience had not only left his wife physically scarred but had also ruined their highly anticipated vacation.
A $2 Million Lawsuit
The lawsuit claims that Disney failed to ensure the safety of its guests and that the wave at Typhoon Lagoon was not controlled or adequately monitored, resulting in the injury. Kimberly’s legal team argues that Disney should have been aware of the risks involved in its wave pool and that the company’s actions or inactions led to their client’s suffering.
While Disney has not commented publicly on the lawsuit, the company is likely to face significant scrutiny over the incident. Typhoon Lagoon, one of the two popular water parks at Walt Disney World Resort, is known for its large, simulated waves that are a hallmark of its design. However, it remains to be seen whether the lawsuit will lead to any changes in safety protocols at the water park.
The Panettas are now seeking $2 million in damages, arguing that the physical and emotional toll of the injury, as well as the disruption to their vacation, justifies the large sum. Their legal team is pushing for compensation for medical expenses, pain and suffering, and the lasting impact the incident has had on Kimberly’s quality of life.
As this case unfolds, it may set a precedent for how theme parks handle safety and compensation in the event of accidents caused by attractions. For the Panettas, the ordeal is far from over, and they are determined to hold Disney accountable for the injuries sustained during what was meant to be a joyful family vacation.
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