As a lifelong Disney enthusiast and someone who has signed countless user agreements for various services over the years, I find myself both shocked and appalled by Disney’s latest legal maneuver. The notion that agreeing to the terms of a streaming service could potentially waive my right to a jury trial in the event of a tragedy like wrongful death is nothing short of absurd.
In their latest announcement, Disney has decided to drop their claim for arbitration and instead take the matter to court for resolution. Josh D’Amaro, the head of Disney Experiences, expressed that in light of the extraordinary circumstances involved in this case, Disney aims to prioritize compassion above all else. He believes that such a sensitive approach will help expedite a fair outcome for the family who have endured immense grief.
“As such, we have decided to waive our right to arbitration and have the matter proceed in court.”
In response to the Raglan Road wrongful death lawsuit, Disney’s Experiences Chairman, Josh D’Amaro, announced that Disney will abandon their claim to arbitration. Instead, they will let the case proceed in a court of law with the aim of swiftly resolving the matter for the family’s sake.
— Scott Gustin (@ScottGustin) August 20, 2024
Disney has issued a statement about the situation, as reported by Scott Gustin. The statement starts with, “We are profoundly disheartened by the family’s sorrow and sympathize with their feelings of loss.”
Since our restaurant isn’t owned or managed by Disney, we are simply protecting ourselves from the plaintiff’s lawyer trying to involve us in their legal action against the other restaurant.
Disney has responded to media reports concerning a wrongful death lawsuit linked with Raglan Road Irish Pub and Restaurant at Disney Springs, as follows:
— Scott Gustin (@ScottGustin) August 15, 2024
The original story follows below.
As a dedicated Disney+ subscriber, have you ever pondered if by agreeing to their terms and conditions during sign-up, Disney might claim that those same terms could potentially shield them from legal action in case of a wrongful death incident at one of their theme parks? Intriguingly, according to Disney’s legal team, the agreement for Disney+ is what they are using as grounds to try and divert a British man’s lawsuit concerning his wife’s passing into an arbitration process.
Through BBC reporting, Jeffrey Piccolo has filed a wrongful death lawsuit against Disney due to his wife’s death resulting from a severe allergic reaction following consumption of food in one of Walt Disney World’s restaurants. However, Disney’s legal team is disputing this claim, stating that since Piccolo agreed to arbitration rather than litigation when he signed up for a free trial of Disney+ and accepted the user agreement in 2019, he cannot sue the park. They argue that Piccolo reaffirmed his agreement to these terms when he bought their Disney World tickets last year.
It’s fair to say this legal theory is unproven at best. Piccolo’s legal team is challenging Disney’s claim that simply signing up for a Disney+ account, including free trials that don’t extend beyond their trial period, automatically forfeits the right to a jury trial indefinitely.
Ernest Aduwa, a lawyer with no ties to the case, stated that Disney might be testing the boundaries of contract law. The courts may need to decide whether the arbitration clause in a streaming service agreement can truly be applied to such a severe allegation, like wrongful death due to negligence at a theme park.
In a court in Britain, this specific situation is under development right now, and there’s been no mention of Disney using similar legal reasoning in U.S. courts. However, if this interpretation gets approved by either American or British judges, it might lead some fans to think twice before agreeing to any terms and conditions in the future.
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2024-08-20 15:39