Woman Sues Disney For $50k Over 'Injurious Wedgie'

By Aleena in News On 19th October 2023
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Credit: Disney

In the heart of the Walt Disney Resort near Orlando, Florida, you'll find a fantastic waterpark—one of two in this resort.

This watery wonderland opened its doors back in 1989 and proudly hosts one of the world's largest outdoor wave pools.

It's a popular destination, with thousands of visitors enjoying its thrilling rides every year.

But there's a twist to this story. A not-so-fun incident occurred in October 2019, involving Emma McGuinness, 33, and her partner, Edward McGuinness.

They're suing Walt Disney World for $50,000 in damages.

On her 30th birthday trip to the resort park, Emma McGuinness made an adventurous choice by taking a ride on the Humunga Kowabunga waterslide.

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Disney labels this experience as a daring 214-foot plunge through darkness on an 'enclosed body slide,' where thrill-seekers eagerly 'spray their way to a surprise ending!'

However, for McGuinness, that 'surprise' turned out to be excruciatingly painful. As detailed in the lawsuit filed just last week, obtained by Law & Crime, McGuinness found herself 'becoming airborne' and then brutally 'slammed downward against the slide.'

Credit: Disney

“As Ms McGuinness neared the end of the slide, her body lifted up, she became airborne, and she was slammed downward against the slide — which increased the likelihood of her legs becoming uncrossed or otherwise exposing herself to injury in using the slide,” the complaint claims.

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“The impact of the slide and her impact into the standing water at the bottom of the slide caused Ms McGuinness’ clothing to be painfully forced between her legs and for water to be violently forced inside her.

“She experienced immediate and severe pain internally, and, as she stood up, blood began rushing from between her legs.”

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During the alleged incident, McGuinness was appropriately dressed in a full-coverage one-piece swimsuit and took what she believed to be the correct position, crossing her legs at the ankles before embarking on the slide.

However, as the lawsuit contends, this position did not eliminate the potential danger she would later face.

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Credit: Disney

The filing continues: “Specifically when a rider of the slide reached the bottom of the ride and travelled into the pool of water designed to stop further travel, the force of the water can push loose garments into a person’s anatomy – an event known as a ‘wedgie’.

“Because of a woman’s anatomy, the risk of a painful ‘wedgie’ is more common and more serious than it is for a man.”

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After the supposed incident, McGuinness was rushed to a nearby hospital for immediate treatment.

Subsequently, she was transferred to a second hospital, as stated in the complaint, where a specialist attended to the repair of her gynecological injuries.

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Tragically, she endured 'severe and permanent bodily injury,' including 'severe' lacerations in intimate areas, a full-thickness laceration that led to her bowel protruding through her abdominal wall, and damage to her internal organs.

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In their lawsuit, the couple is seeking a minimum of $50,000 in damages, asserting that the slide is 'unsafe and unreasonably dangerous,' and that Disney displayed negligence in this matter.

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Credit: Disney

Alan Wagner, the attorney representing McGuiness' family, wrote that while Emma was "aware there were risks" that could occur while on the attraction.

“The Slide carries with it specific risks about which Disney knew or, in the exercise of reasonable care, should have known. These risks are not disclosed by Disney to its guests and were not disclosed to Ms. McGuinness," says the attorney.

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The lawyer says that the risks that Disney rides carry "are considered unreasonable expectations for consumers to anticipate." Wagner continues to say in the complaint that: "The Slide was unsafe and unreasonably dangerous to Ms McGuinness and other patrons because it failed to meet the expectations of a reasonable consumer, including Ms. McGuinness." In other words - people expect bumps and bruises, not the type of injuries experienced by McGuinness.