Full Breakdown
Lawsuit Over Disney Water Slide Injury Voluntarily Dismissed
1/5/2026, 11:56:15 PM
Incident Overview
Emma McGuinness filed a civil lawsuit against Walt Disney Parks and Resorts US in 2023, alleging serious injuries sustained while riding the Humunga Kowabunga water slide at Disney's Typhoon Lagoon in 2019. The incident occurred during her 30th birthday celebration with family, where she claimed to have suffered severe injuries, including vaginal lacerations and damage to internal organs, due to her swimsuit shifting and causing a "wedgie" during the ride. The lawsuit, which sought $50,000 in damages, gained significant media attention, particularly for its unusual premise.
Legal Proceedings and Dismissal
The lawsuit was set to go to trial on January 5, 2024, but was abruptly dismissed by McGuinness before the proceedings began. Court records indicate that the parties could not reach an agreement during a mediation session on July 22, 2023. Following this, McGuinness voluntarily dismissed the case with prejudice, meaning she cannot refile the same complaint. The court filings do not specify whether a settlement was reached.
Disney's Defense
Disney responded to the allegations by asserting that the Humunga Kowabunga slide was safe and had been used by thousands of guests without incident. The company argued that riders were properly instructed to cross their legs at the ankles, although they did not explain the reasons for this precaution. Disney also claimed that McGuinness may have failed to exercise reasonable care and suggested that her injuries could have pre-existed the incident. Notably, Disney acknowledged that two similar incidents had occurred in 2017, where other women reported injuries related to the ride.
Criticism of Safety Protocols
McGuinness's lawsuit highlighted concerns regarding the safety protocols of the Humunga Kowabunga slide, particularly for female riders. She argued that the design of the ride and the lack of adequate warnings about the risks associated with wearing a one-piece bathing suit contributed to her injuries. The lawsuit pointed out that riders were not informed about the potential dangers of their clothing shifting during the ride.
Conflicting Reports & Gaps
While Disney maintained that the ride was safe and well-regulated, McGuinness's claims raised questions about the adequacy of safety measures in place for guests. The acknowledgment of previous incidents involving similar injuries suggests a pattern that may warrant further investigation into the ride's safety protocols. However, the lack of a settlement or detailed resolution leaves some aspects of the case unresolved.
Verbatim Quotes
- “Riders are not told why their ankles need to be crossed, the importance of doing so, or the risks of injury if one’s ankles become uncrossed.” — Emma McGuinness, Plaintiff
- “At bottom, HK was not a new attraction, and it was ridden by thousands (if not more) of guests in the three years preceding the incident,” — Disney Court Filing
The dismissal of McGuinness's lawsuit concludes a high-profile case that has sparked discussions about safety measures at amusement parks, particularly regarding the design and operation of water slides.
