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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

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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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[-] mindlight@lemm.ee 76 points 3 months ago

Not an American... But holy crap... If Disney succeeds with this... then ... E-v-e-r-y single service will have a clause like "you hereby agree to never ever take legal action against us, our subsidiaries, cookie partners, affiliates, our friend's dog or Bob for anything we might or might not have caused in the next 2 billion years if we don't give you permission.".

I'm happy that I'm living in the European Union av and not in Florida.

[-] thedirtyknapkin@lemmy.world 26 points 3 months ago* (last edited 3 months ago)

they already kind of do over here. this case is going to set precedent for how broadly enforceable they are.

[-] Chip_Rat@lemmy.world 12 points 3 months ago

That's already very common and should be shut down, but usually it applies to the particular service you are using... Not whatever this bullshit is...

[-] slumberlust@lemmy.world 11 points 3 months ago

Car TOCs here already include consent for any passenger...insane.

[-] todd_bonzalez@lemm.ee 5 points 3 months ago

I believe that's treated as a matter of common sense, that getting into a car comes with an understanding of the inherent risks. Cars also have a couple "risk of injury or death" stickers in them, under the visors or on the door.

Similar laws exist for horses, to protect horse owners from litigation when someone falls off a horse. I think you only need a single sign for indemnification.

To clarify, this isn't comparable to the fucked up thing Disney is doing.

[-] HK65@sopuli.xyz 3 points 3 months ago

I believe that’s treated as a matter of common sense, that getting into a car comes with an understanding of the inherent risks.

Those inherent risks now include the manufacturer selling your sexual habits if you get in the car even if you never heard of that.

this post was submitted on 14 Aug 2024

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