As a seasoned Disney enthusiast who has signed countless user agreements for various services over the years, I must admit that I find the current legal battle between Jeffrey Piccolo and Disney quite troubling. While I’ve always been a firm believer in the magic of Disney, this attempt to extend the terms of a streaming service agreement to a wrongful death case in one of their theme parks feels like an unexpected twist straight out of a Disney movie…and not in a good way!
If you’ve subscribed to Disney+, could it be possible that by agreeing to their terms and conditions, Disney might use those same terms as a basis for attempting to transfer a legal dispute over a wrongful death in one of their theme parks to an arbitration process, as their lawyers suggest? This is because the Disney+ user agreement, according to them, serves as a foundation for this action.
Through BBC reports, Jeffrey Piccolo has taken legal action against Disney, alleging a wrongful death of his wife due to a severe allergic reaction from eating at one of Walt Disney World’s restaurants. However, Disney’s legal team claims that because Piccolo once signed up for a free trial of Disney+ and agreed to arbitration in the user agreement, he is unable to bring a lawsuit against the park. The dispute arises as Disney argues that Piccolo reaffirmed his acceptance of these terms when purchasing the couple’s Disney World tickets last year.
This is an untested legal theory, to say the least. Piccolo’s lawyers are countering that Disney’s filing “is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial.”
Ernie Aduwa, an attorney not involved with the case, shared with BBC that Disney might be testing the boundaries of contract law. The courts will need to weigh whether the arbitration agreement in a streaming service contract can truly extend to such severe claims like wrongful death allegations due to negligence at one of their theme parks.
The events of this case are currently being played out in a British court, and there’s been no news about Disney using a similar legal argument in U.S. courts. If this interpretation is upheld by either the American or British judicial system, it may make fans think twice before agreeing to any user terms in the future.
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2024-08-14 23:38