A Missouri couple whose young son allegedly was injured when the child slipped and fell while on vacation at Disney's Aulani resort is leading a class action lawsuit accusing the Walt Disney Company of false marketing for not warning that the area around its Aulani swimming pools are allegedly so slippery.
On Nov. 8, attorney Francis J. "Casey" Flynn, of Los Angeles, filed suit in L.A. federal court on behalf of named plaintiffs Scott Thompson and Danielle Thompson, and their minor child.
The plaintiffs seek to expand the action to include potentially every U.S. citizen who has stayed at Disney's Aulani resort, potentially within the past 10 years.
According to the complaint, the Thompson family stayed at the Aulani resort in Kapolei, Hawaii, on the island of Oahu, in March.
According to the complaint, during that stay, their minor son, slipped and fell while walking at the resort's pool area, resulting in injuries that required medical attention.
The complaint includes a litany of other alleged consumer complaints posted online about the alleged slippery conditions at the Aulani pool area,
The lawsuit, however, does not expressly seek damages for the child's injuries.
Rather, the lawsuit is brought under California's Consumer Legal Remedies Act and California's Unfair Competition Law. The complaint demands Disney both apply "anti-slip" treatments to the Aulani pool area, and pay money damages. Under the CLRA, this can include actual and punitive damages, plus attorney fees and other costs.
The lawsuit does not specify how much the plaintiffs are demanding under the lawsuit, but it indicates total damages are expected to exceed $5 million.
The complaint asserts that if the Thompson family, or other potential Aulani guests, had known of the slippery conditions at the resort's pools, they would not have stayed at the resort.