Disney+ terms prevent allergy death lawsuit, Disney says
Disney+ terms prevent allergy death lawsuit, Disney says
The entertainment giant says the terms of a free trial prevent it from being sued for wrongful death.
Disney World is arguing a man cannot sue it over the death of his wife because of terms he signed up to in a free trial of Disney+.
It says Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019.
You and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates)
I have a hard time believing Disney could convince anyone that a death from a food allergy is even tangentially related to a streaming subscription. Probably one of those bad faith efforts to drag it out and incur huge fees for the plaintiff in hopes of settling
They've definitely crunched the numbers and figured out this method is cheaper than a settlement, and in a country like the US, they'll definitely get away with it.
Apparently the same clause is in the Disney account terms used to buy the tickets to the park
Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.
Which would hold more water than the clause in the Disney+ terms (that articles on the subject focus on way too much just for clickbait)
Jibreel Tramboo, barrister at Church Court Chambers, says the terms in the Disney+ trial are a "weak argument for Disney to rely on".
However, he says, the clause in the ticket purchase from 2023 may be a stronger case, "as there is a similar arbitration clause".
But anyway, it's really insensitive from Disney to try to arbitrate such a tragic incident.
It should be illegal to waive your right to go court.
I think it is in most places
It definitely should be illegal as a term for using a product or service. At the absolute minimum we should ban non-mutual arbitration clauses and these bullshit “for any dispute” clauses.
Everything about this is awful, forced arbitration in consumer terms of service are a pox on justice.
So... Those are not different legal entities? Usually those things are split up 100 different ways.
I’m sure it depends on which is more convenient for Disney at any given time.
I am sure contract was drafted in a way that makes it government your relationship with god while Disney has zero responsibility for anything
They early been getting away with this for decades. Courts are captured and won't enforce basic contract law anymore.
Fuck u slave, corpos own you and courts will let them fuck you with impunity.
Piracy is safer, more cost efficient, privacy respecting, and more versatile when consuming media across multiple devices.
We have come a long way, folks. The dystopia is here and it's going strong, but we shouldn't let it strike us down.
Please consider piracy for your own good! ❤️
It's insane to me that they would try to pull this shit and then try to sell us on the evils of piracy.
Disney should be broken up
Damn it Jim, people are starting to think we're actually good, we need to shown them that we dont care about them, they're just money, how could we completely fuck over our customers while making them thank us for the privilege...
In general, those arbitration clauses should be made illegal.
This might be a good impetus to make that happen.
This is why we break up large companies.
This is sickening.
Don't they have notifications in their restaurants warning people about allergens? Also, it is cheaper to pay the guy the $50k he wants so long as he signs a doc that says Disney is not at fault. This is so strange (and terrible).
The claim is that the victim repeatedly informed the waiter about her allergy needs and checked more than once whether her order could be prepared safely in accordance with her needs, the waiter repeatedly told her it was prepared accordingly, and it was not.
Restaurants are absolutely capable of allergen free food prep and telling customers which foods cannot be safely prepared. Disney is absolutely at fault.
I really want to imagine that any judge reading this argument will just lower their glasses slightly and look at Disney lawyers with a "bitch, really?" look.
That won't happen, at least not in the USA, but it's nice to imagine...
Disney using the Lightning Lane to infamy.
Hello Monopoly
He should get the dragon balls and wish his wife back
I was looking for this comment. o7