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Disney Seeking Dismissal of Raglan Road Death Lawsuit Because Victim Was Disney+ Subscriber (wdwnt.com)

submitted 3 months ago by otter@lemmy.ca to c/technology@lemmy.world

56 comments fedilink hide all child comments

cross-posted from: https://feddit.uk/post/16155215

Disney has asked a Florida court to dismiss a wrongful death lawsuit filed earlier this year regarding a woman who passed away due to anaphylaxis after a meal at Disney Springs, citing an arbitration waiver in the terms and conditions for Disney+.

...

In the latest update for the Disney Springs wrongful death lawsuit, Disney cited legal language within the terms and conditions for Disney+, which “requires users to arbitrate all disputes with the company.” Disney claims Piccolo reportedly agreed to this in 2019 when signing up for a one-month free trial of the streaming service on his PlayStation console.

In the May 31 motion filed to move the wrongful death lawsuit to arbitration, Disney attorneys said that the Disney+ subscriber agreement states that any dispute, except for small claims, “must be resolved by individual binding arbitration.”

...

Attorneys for Piccolo called Disney’s latest motion “preposterous,” and that it’s “‘absurd’ to believe that the 153 million subscribers to the popular streaming service have waived all claims against the company and its affiliates because of language ‘buried’ within the terms and conditions,” according to Newsday.

The notion that terns agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement.

Brian Denny, Piccolo’s West Palm Beach attorney in a filing on August 2, 2024

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[–] TarantulaFudge@startrek.website 0 points 3 months ago (1 children)

There's no way a judge is gonna allow this. Outrageous. The language is way out of scope.

[–] deranger@sh.itjust.works 0 points 3 months ago (1 children)

https://www.bbc.com/news/articles/c8jl0ekjr0go

Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

Between that and the Florida judge I’m a bit worried. Fuck forced arbitration.

[–] troyunrau@lemmy.ca 0 points 3 months ago (1 children)

Ironically, the saving grace here might be Florida and Disney hating each other so much. Maybe... Silver linings and such.

[–] GluWu@lemm.ee 0 points 3 months ago

Florida hates Disney because of how much power they have over the state. Daddy Disney is going to punish Florida so much harder if they let one of their little judges let this through. 100% going to arbitration.