What does loss of consortium mean? Disney World wedgie lawsuit, injuries and damaged explained

A woman has alleged that a Disney waterslide caused dangerous "wedgie." (Images via Pexels)
A woman has alleged that a Disney waterslide caused dangerous "wedgie." (Images via Pexels)

A woman named Emma McGuinness filed a lawsuit against Walt Disney Parks and Resorts in September 2023. The lawsuit was filed after McGuinness allegedly suffered from "severe v*ginal lacerations and internal organ damage" due to the Humunga Kowabunga slide, on a trip to Disney’s Typhoon Lagoon in 2019.

The lawsuit was filed by attorney Alan Wagner of Tampa in Orange County, Florida on September 27, 2023, last Wednesday, as per NBC. McGuinness is seeking $50,000(£41,400) for the count of negligence. The lawsuit claims that Disney should have been aware of the possible painful “wedgies" that their customers were at risk for, especially women.

A second count, “loss of consortium,” has been filed against Disney for Emma’s husband, Edward McGuinness.

The loss of consortium happens when "an injured spouse can no longer give their spouse the love, companionship, comfort, services, support, or intimate relations that they provided prior to the accident or death," as per Bradley Law Personal Injury Lawyers.


Disney is getting sued for a painful "wedgie" and severe internal organ damage

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Emma McGuinness was with her husband, Edward McGuinness, and their family on October 14, 2019, for her 30th birthday. She went with her mother and daughter to ride on the Humunga Kowabunga wearing a one-piece swimming costume.

According to Disney's website, this slide has an almost vertical, "5-story drop" in the dark that "descends 214 feet and plunges riders into a pool of water to end the ride." The riders are instructed to keep their legs crossed throughout the slide.

After the plaintiff was plunged into the water, she felt immense pain and even saw blood coming from between her legs. She was taken to a nearby hospital by ambulance before being moved to a different hospital that specialized in gynecological injuries, as per Sky News.

The lawsuit documents stated that she had a "full thickness laceration" of the v*gina according to the medics present. It has "caused the plaintiff's bowel to protrude through her abdominal wall and damage her internal organs." Emma has sued Disney for $50,000 in damages, according to NBC.

The suit that was in Circuit Court for Orange County, Florida alleged that the company should be or have been aware of the painful wedgies, especially for women. It stated that a second count of "loss of consortium" was added to the suit for the husband, Edward McGuinness.

According to Forbes Advisor, Loss of consortium "is a type of personal injury claim." However, the damages cannot be claimed by the plaintiff who suffered the injuries, but their family can.

The definition stated that if a "spouse, partner, or other close family member has been injured or killed due to negligence or intentional wrongdoing," the family member or another plaintiff from the case can pursue a claim for loss of consortium.


The woman's account of the event and the risk of wedgies

The document talked about the possible 'wedgies" and bodily harm that may be caused by the Humunga Kowabunga slide to Disney's future customers. They added that:

"Specifically, when a rider of The Slide reached the bottom of the ride and traveled 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."

The injuries were more severe to women because of "the woman’s anatomy, the risk of a painful ‘wedgie’ is more common and more serious than it is for a man," as per CNN.

The slide lawsuit also talked about Emma's point of view when she got severe injuries. The incident stated:

"The slide caused [her] 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."

The The Walt Disney World Resort in Bay Lake and Lake Buena Vista, Florida, United States was built in 1989. The organization has not released a statement about the incident or the lawsuit yet.

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Edited by Madhur Dave
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