Donald Duck Being Sued For Assault
The Boston Herald hasreported that a lawsuit was recently filed against Disney World by a Pennsylvania woman who claims she was improperly touched and groped by a Donald Duck character while she was on vacation in Disney World.
The plaintiff's lawsuit claims that she sought an autograph from Donald Duck while on Disney World's property and, instead of obtaining the autograph, she was groped and molested by the costumed bird. The lawsuit alleges that Disney World, through its employees, were guilty of "negligence, battery, negligent infliction of emotional distress and intentional and reckless infliction of emotional distress." It is not known the nature and extent of the plaintiff's injuries as a result of the incident.
Importantly, while the nature of this lawsuit seems bizarre, the plaintiff's cause of action is viable. The law in the State of New Jersey and in most jurisdictions reveals that a lawsuit based on "assault and battery" will be viable if there is any "non-consensual" touching by one person of another. Although "assault and battery" conjures imaging of being punched, kicked, attacked or beat up with some inanimate object, it is simply defined as any non-consensual contact between one person and another that causes harm. Thus, although we do not know the nature and extent of the plaintiff's harm caused by Donald Duck, one can imagine "uninvited" or "non-consensual" contact between a person in a Disney costume and a park visitor merely seeking an autograph or photograph of the character. It should be noted that the varying degrees of "damages" in such suits range from mere emotional distress to physical injuries. Of course, juries and courts will perceive such cases differently depending upon the nature and extent of such damages.
If you believe that you have suffered any type of damages as a result of someone's improper or non-consensual touching, it is important for you to seek the advice of a qualified personal injury attorney to properly assess the nature and extent of both liability and your damages to determine whether or not a viable case exists in which you could obtain compensation for pain and suffering.