A Boring Dystopia

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

submitted 2 months ago by ByteOnBikes to c/aboringdystopia@lemmy.world

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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.

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[–] Pronell@lemmy.world 32 points 2 months ago (1 children)

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!

[–] Fosheze@lemmy.world 8 points 2 months ago (1 children)

I think the reason that they're fighting it so hard is to defend arbitration clauses while the courts are still conservitive controlled. If they got sued in court despite the arbitration clause then that sets president to throw out those clauses. If they can get the courts to uphold the clause then that actually gives arbitration clauses some teeth. But if they're going to do that then the need to do it now while there is still any chance of it being ruled in their favor and they have the money to drag this thing all the way up to the corrupt supreme court if they need to.

[–] Pronell@lemmy.world 6 points 2 months ago (1 children)

I can't see any way that they win this case on the merits of the argument.

But if I'm wrong and they win, a whole lot of lawsuits are gonna disappear. That's a terrible precedent to set.

[–] Fosheze@lemmy.world 3 points 2 months ago

Current SCOTUS are something of terrible prescident afficionados.