The phrase 'only in America' may spring to mind when readers in the UK learn of a lawsuit that has been filed against the Walt Disney company in the US by a mother who claims to have been molested by Donald Duck. However, ignoring the fact that there is no Disneyland in the UK, it is more than possible that similar personal injury claims could succeed on this side of the Atlantic.
In 2008, 27-year-old April Magolon, of Pennsylvania, USA, was visiting the Epot Center at Disneyland Florida when she was allegedly molested by a member of staff who was dressed up in a Donald Duck costume. The mother claims that, as she approached Donald Duck for an autograph, the character instead chose to grope her breasts. Furthermore, the costumed member of staff reportedly continued to molest Ms Magolon until the mother raised alarm, at which point it is alleged that Donald Duck made a series of inappropriately lewd gestures before joking that he had "done something wrong".
Ms Magolon has since claimed that the incident ruined her holiday, for which she had been saving for some time. Claiming $50,000 in compensation, Ms Magolon has filed legal action against the Walt Disney company for various physical and psychological injuries. In addition to feeling badly shaken after the incident, Ms Magolon claims to have suffered severe physical injury, muscle contraction headaches, acute anxiety, nausea, cold sweats, insomnia, nightmares, flashbacks, digestive problems and other conditions that are permanent in nature. Although a number of staff members at Disneyland Florida claimed to know nothing of the incident, a spokesperson for the company argued that they would "respond appropriately in court".
The Donald Duck incident is not the first time that costumed Disney staff members have been the subject of personal injury claims (or worse). In 2004, Michael Chartrand was acquitted of molesting a 13-year-old girl and her mother whilst he was dressed up as Tigger. Although Ms Magolon's case is more or less unique to the US, the incident has highlighted the issue of what might constitute an injury under UK law. Aside from physical harm, Ms Magolon has claimed for a number of psychological disturbances. In the UK, a person can claim for psychiatric illness where the claimant suffers as a result of his or her own imperilment (or reasonable fear of danger) or as a result of the physical injury or imperilment of another caused by the defendant.
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