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Disney Seeking Dismissal of Raglan Road Death Lawsuit Because Victim Was Disney+ Subscriber

Tangsuan had a severe dairy and nut allergy and informed the waitstaff at the restaurant of her dietary needs, and was “unequivocally assured” they could be accommodated. She ordered and ate the “Sure I’m Frittered” vegetarian broccoli and corn fritters, the “Scallop Forest” sea scallops appetizer, the “This Shepherd Went Vegan” entree, and a side of onion rings.

After their meal, Piccolo returned to their hotel room, and Tangsuan and her mother-in-law continued to shop at Disney Springs. later that evening, Tangsuan had an acute allergic reaction in Planet Hollywood, self-administered an EpiPen, and was transported to a local hospital, where she later died.

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.

reddig33 ,

Such a shitty defense. I’d probably rule in favor of the plaintiff just because of its bizarre stretch. Like why not just claim “plaintiff knew they had a food allergy and yet did not carry an epi pen” or something else grounded in reality rather than this Disney+ nonsense? Disney should fire these lawyers and settle with an NDA before this gets any worse.

ThePantser ,
@ThePantser@lemmy.world avatar

Aren’t contracts null and void if one party ends the service? Like the trial is over so the contract has ended. Just because I test drove a Ford once does not mean I can’t sue Ford for their car exploding next to mine and destroying it.

MrVilliam ,

Even if it weren’t an expired trial for Disney+ though. I think it’s incredibly unreasonable that an agreement to arbitration related to your streaming service should apply to restaurant liability. No reasonable person would believe that they should check the clauses of their Paramount+ contract before eating a Sonic the Hedgehog chili dog from the spot in the park next to the aaahh real monsters log flume ride. If we decide that that’s how we should legally be living, then it’s absolutely time to rip subsidiaries out of the hands of parent companies. When there are only like 6 companies in the world, there is no legitimate competition. I reject the logical conclusion to this strategy, which is that we are cash cow consumers, paying a subscription for company membership to continue being alive and waiving all personal freedoms and choices.

It’s way past time to break up these gigantic conglomerates. But better late than never.

SpaceBishop ,

Shit, that’s a bad look for Disney. The idea that someone could sign up for a 30-day trial to some product and completely lose their right to a jury trial for life against any and all companies associated with the parent company is absurd.

The attorney was right to describe that as preposterous. And if the court cedes and tosses the trial, it sets a chilling precedent against consumer rights.

BakedCatboy ,

I feel the sudden urge to pirate D+ shows even harder now.

SpaceNoodle ,

The Acolyte is good. Do it.

NocturnalMorning ,

Wow, Disney could not be making a more disingenuous argument. Fuck Disney. I hope their stock tanks and they go under.

Pronell ,

I wonder if they have some longer term strategy here because this story is far too damaging over a 50k payout.

Like maybe they make an insane argument to undermine arbitration clauses so they can win elsewhere.

Because this is a maliciously bad look for Disney. Nobody should ever have to think about streaming contracts while deciding where to eat.

Carve the Mouse! Break it up!

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