In a legal clash that highlights the hidden risks lurking even in family-oriented theme parks, a New York mother, Kimberly Panetta, has filed a $2 million lawsuit against Disney, alleging that a powerful wave at the Typhoon Lagoon waterpark caused her serious physical injury and lasting emotional distress.
This incident, which took place in April 2022, underscores the responsibilities of entertainment giants when it comes to guest safety, especially in attractions designed for children and families.
Panetta claims the wave was not part of a thrill ride but occurred while she was innocently standing near a kiddie slide, awaiting her young daughter. What was supposed to be a joyful day at one of the world’s most iconic entertainment resorts turned into a traumatic event with permanent consequences.
The Incident at Typhoon Lagoon
According to the lawsuit, Kimberly Panetta was standing in the children’s area of Typhoon Lagoon, specifically near a small waterslide meant for young children, waiting for her 4-year-old daughter to descend.
At that moment, a powerful and unexpected wave reportedly surged through the area, violently striking her and throwing her off her feet. The impact allegedly dragged her body across the concrete or gunite surface, leaving her with serious abrasions described in the complaint as “road rash.”
Panetta’s legal team describes the wave as “mammoth” and states it was forceful enough to leave her physically battered and emotionally shaken. The lawsuit emphasizes that this was not part of a thrill-seeking experience or an expected feature of the children’s area.
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Instead, the wave came without warning, causing her to fall and sustain injuries that were both painful and visibly disfiguring. According to her account, the incident transformed a pleasant day into a nightmare, as she was left limping and applying creams and bandages during what was meant to be a relaxing vacation with her family.
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The injuries, she claims, are more than skin-deep. Panetta alleges that she has since felt compelled to wear long clothing, even in hot weather, because she is now self-conscious about her appearance. Her once open and carefree demeanor has been altered by embarrassment and discomfort stemming from the incident.
Allegations of Negligence and Safety Concerns
The basis of Panetta’s lawsuit is negligence. Her attorneys argue that Disney failed to maintain a safe environment in a section of the waterpark specifically designed for young children and their guardians.
The complaint insists that Disney should have anticipated the risk of such a powerful wave reaching areas of the park where guests would not expect such hazards. It also asserts that protective barriers or warning systems should have been in place to shield guests from unexpected waves.
Typhoon Lagoon features the Surf Pool, which Disney touts as the largest wave pool in North America. This pool is capable of producing six-foot swells intended for surfing. However, Panetta’s injuries did not occur in the Surf Pool itself but in an adjacent or nearby area not marketed or presented as a wave-generating zone.
The lawsuit raises questions about whether waves from the Surf Pool might have unintended reach, or if other mechanisms in the park’s water systems could generate dangerous conditions in areas where they are not expected.
If Panetta’s account holds in court, it suggests a potentially troubling flaw in the park’s design or operation—one that may expose other unsuspecting guests to similar danger.
Her legal team also argues that the park’s failure to provide adequate signage, warnings, or protective infrastructure in these zones amounts to a disregard for the safety of its patrons, particularly vulnerable individuals like children and parents.
Other Legal Complaints Against Typhoon Lagoon
Panetta’s lawsuit is not the first time Disney has faced legal challenges stemming from incidents at Typhoon Lagoon. In 2023, a woman filed a separate suit after she suffered internal injuries, allegedly from a “painful wedgie” caused by the Humunga Kowabunga waterslide.
This slide is known for being one of the steepest and fastest at the park, and the woman claimed that the design of the slide, combined with the speed and impact at the bottom, caused significant physical trauma. In yet another lawsuit filed in 2024, a woman alleged she suffered brain damage after taking a ride down the same slide.
According to that complaint, she lost consciousness during the ride and nearly drowned at the bottom. These cases, while involving different circumstances and types of injuries, add to a growing list of grievances against one of Disney’s most popular waterparks.
Collectively, these lawsuits paint a picture of recurring safety concerns. They suggest that Disney’s water attractions, while expertly themed and seemingly well-maintained, may contain operational or structural risks that are not being properly addressed or communicated to guests.
The company has not publicly commented on Panetta’s lawsuit or on the other recent legal actions. However, as these cases gain attention, they may force Disney to reevaluate how it handles risk management and guest safety at its waterparks.
The Cost of a Family Outing Gone Wrong
The image of a mother waiting patiently for her daughter at a children’s water slide, only to be thrown to the ground by an unexpected wave, is a striking one. It speaks to the core of Panetta’s complaint—that she was not a thrill-seeker placing herself in harm’s way, but rather a parent doing what countless others do daily in theme parks across America.
Her injuries, while seemingly non-life-threatening, have reportedly had a lasting effect on her physical comfort, confidence, and quality of life. The $2 million she is seeking in damages is intended to compensate for medical treatment, emotional distress, and the impact the incident has had on her day-to-day activities.
For Disney, a company that prides itself on creating “magical” experiences and maintaining the highest safety standards, these lawsuits could present both reputational and financial challenges. Whether or not Panetta is successful in court, her story has already added a layer of scrutiny to Typhoon Lagoon, prompting many to question just how safe these family-friendly waterparks truly are.
In the end, her case is not just about one unfortunate incident but about the broader obligation of amusement parks to ensure that even the most serene and playful corners of their properties are free from hidden dangers. As the legal proceedings unfold, the spotlight will remain firmly on Disney and how it chooses to respond to these serious allegations.