• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

Disney is trying to throw out a wrongful death suit because the widower signed up for a Disney+ trial

poppabk

Cheeks Spread for Digital Only Future
I think Disney is gross for using this as a means to dismiss a lawsuit.

I also think it's gross to sue Disney because someone died after they ate something they were allergic to on Disney property. It's up to the person with the allergy to make sure they don't eat something they're allergic to. It's not up to everyone else in the whole world to keep allergens away. If they're not 100% sure it's safe then why risk it? Maybe Disney lied about what was in the food. I don't know.
To be fair they aren't trying to get it thrown out, just sent to arbitration. As shown in the geico example - arbitration isn't exactly a guaranteed win for a corporation. Ironically they were probably hoping to keep it out of the public eye.
 

ReBurn

Gold Member
To be fair they aren't trying to get it thrown out, just sent to arbitration. As shown in the geico example - arbitration isn't exactly a guaranteed win for a corporation. Ironically they were probably hoping to keep it out of the public eye.
In this case, if held to the Disney+ arbitration clause, the arbitrator would be selected and paid for by Disney. It's more likely than not that an arbitration firm on retainer for Disney is going to side with Disney. That's why they hide those clauses the way they do in terms of service agreements. They don't want people to know that arbitration based on ToS is stacked against the consumer. If the arbitrator sides against Disney too often they lose their contract, then other companies maybe hear about it and don't want to use the arbitrator any more.

If Disney were smart and wanted to keep this quiet they would have just offered a reasonable settlement and had the guy sign an NDA. But instead some lawyer with something to prove wanted to try something cute and now Disney is suffering more brand damage. It's nuts.
 

NecrosaroIII

Ultimate DQ Fan
I also think it's gross to sue Disney because someone died after they ate something they were allergic to on Disney property. It's up to the person with the allergy to make sure they don't eat something they're allergic to. It's not up to everyone else in the whole world to keep allergens away. If they're not 100% sure it's safe then why risk it? Maybe Disney lied about what was in the food. I don't know.
If you go to a restaurant and tell them you have a peanut allergy, you dont think the resturant has a responsibility to ensure your food isnt contaminated?
 

Dr.D00p

Member
Can you imagine the kind of fucking slimeball individual that came up with this argument...

Wish upon a star?

..more like wish you die from a long slow dose of cock cancer.
 
Trusting a server with your life threatening food allergy is insanity to me. The cooks/km’s don’t even know the full ingredients sometimes, the servers generally know even less.
Are the restaurants inside the park independent entities? I thought that would be D’s argument. Saying that a streaming service agreement binds you to something happening inside a park is certainly a take.
 

JCK75

Member
I think Disney is gross for using this as a means to dismiss a lawsuit.

I also think it's gross to sue Disney because someone died after they ate something they were allergic to on Disney property. It's up to the person with the allergy to make sure they don't eat something they're allergic to. It's not up to everyone else in the whole world to keep allergens away. If they're not 100% sure it's safe then why risk it? Maybe Disney lied about what was in the food. I don't know.

Not only that .. he is a doctor.. he KNOWS how severe her allergies apparently are.. why would you not have an Epipen on hand at all times?
 

Quasicat

Member
Having a child with a severe peanut allergy, we only eat out at places that can be checked out before hand. This is why we did not go to DisneyWorld when planning a family trip a few years ago and why we don’t do local amusement parks. Looking at their online allergen menu, there are peanut items scattered throughout; but this is not the case at most franchise restaurants. I know that McDonald’s and Wendy’s are safe because if there are any peanut items it’s relegated to their desserts and not mixed with their meal items.
 

DGrayson

Mod Team and Bat Team
Staff Member
It's a lawyers job to defend their client using any means possible (within the law).

So without reading the pleading I am fairly confident that it's one of 50 different arguments of why the suit should be tossed, or sent to arb or damages are not proveable etc.

But yes there is a reputational risk that Disney should consider here
 
Last edited:

jason10mm

Gold Member
If you go to a restaurant and tell them you have a peanut allergy, you dont think the resturant has a responsibility to ensure your food isnt contaminated?
Having been to Ragland Road many times and looking at their menu, I'm not sure they have ANY peanut items, it's an irish place, peanuts ain't exactly local food for them. Granted, they may have altered it since this couple ate there, but I can't think of a single peanut containing irish pub food.


They also have this disclaimer on the site and their menus. Again, maybe added since this incident but I"ve certainly seen it at many places, if not this one. Of all the faults I levy at Disney, a reasonable accommodation for food allergies isn't one of them.

IqwjdD6.jpeg
 

ManaByte

Gold Member
Having been to Ragland Road many times and looking at their menu, I'm not sure they have ANY peanut items, it's an irish place, peanuts ain't exactly local food for them. Granted, they may have altered it since this couple ate there, but I can't think of a single peanut containing irish pub food.


They also have this disclaimer on the site and their menus. Again, maybe added since this incident but I"ve certainly seen it at many places, if not this one. Of all the faults I levy at Disney, a reasonable accommodation for food allergies isn't one of them.

IqwjdD6.jpeg
They said it happened at a Disney restaurant though.
 

nbcjr

Member
I think Disney is gross for using this as a means to dismiss a lawsuit.

I also think it's gross to sue Disney because someone died after they ate something they were allergic to on Disney property. It's up to the person with the allergy to make sure they don't eat something they're allergic to. It's not up to everyone else in the whole world to keep allergens away. If they're not 100% sure it's safe then why risk it? Maybe Disney lied about what was in the food. I don't know.
disney advertises as dealing with allergies, thus making profit of said competitive advantage.
 
D

Deleted member 1159

Unconfirmed Member
“Waive its right…”

lmfao you never had a right to arbitration you cunts. You had a hack attorney on staff trying to save 50k
 

jason10mm

Gold Member
they didn't want a precedent to be set that this arbitration clause does not apply, or even worse, passing a law that bans this
Yeah, I wonder if introducing the concept as a defense, but then 'waiving' it, somehow locks it as a viable defense for some later case. IANAL nor did I sleep in a Holiday Inn last night, so that's just speculation.

If their aim was to float the idea out there and test audience feedback....well they got that wish and its baaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaad. I gotta know how the lawyer that raised this idea is feeling right now. Long term strategy from the get go with that EULA or did some recent Harv Law grad cook it up in a coke/amphetamine binge and get it signed off by the partners?
 

Neon Xenon

Member
Can't think of another time where I have wanted to see a company get reamed in court more than this. The situation is so cartoonishly evil that it would have read like a joke that you would make about big media companies like Disney.

The public shaming has seemed to have an impact.


"At Disney, we strive to put humanity above all other considerations."

Man, fuck off, Disney. No, you don't strive for humanity at all, because if you did, you wouldn't have had to say this in the first place.

This whole thing should open more peoples' eyes to the real performative nature of corporations like Disney, but I'm not hopeful that it will remain in their minds.
 

jason10mm

Gold Member
When is Andor s2? Probably see some positivity when that drops. Maybe even Skeleton Crew. Manabyte will be back for those, I'm sure.

But Fett, Obi-wan, Ahsoka, and especially Acolyte are CLEAR missteps, and even outright attacks on the core audience, so what did Disney expect? It's one thing to have some side projects like that animated series, but to drop hundreds of millions on stuff you KNOW is provocative BY DESIGN.....WTF? Mandalorian losing it's focus is one thing, they can course correct pretty easily. May even be able to salvage Ahsoka and Thrawn. But the rest of it....just wipe it and move on. Kathleen Kennedy is SEVENTY-ONE (hair dye and facial care work wonders on her), why is she running this show? Even she can see that her 'vision' is getting rejected en masse and isn't attracting any new audience, so she needs to step aside and remove herself from the IP, probably from the studio itself (it's not like Lucasfilm has much else going on, they are basically the Star Wars studio these days) so any new creator won't be tainted by her. But from the high of TLJ in 2017 it's been a downward slide. ROS made far less money, Solo and Indy bombed, and all the TV stuff has been on streaming, so the ratings there are decidedly a mixed bag. The merch side of things is struggling, mostly still mooching off the OT with mando and baby yoda the only real 'new' success in a decade. She is riding that financial curve right into the ground!
 
Disney had to allow it. They made it sounds as if you could go to the police and say Bob Igor touched you inappropriately and they would ask if you had watched Andor first.
 

ReBurn

Gold Member
disney advertises as dealing with allergies, thus making profit of said competitive advantage.
They don't advertise or guarantee that food will be allergen free. They only commit to trying to accommodate food allergies. You can speak to a chef or food specialist at most table service restaurants and some quick service restaurants to see what your options are but that's about as far as it goes. Which isn't really different from competing theme park resorts like Universal Orlando.
 

Toons

Member
A wrongful death suit for only 50k??? Wtf Disney, just pay it. That’s the lowest wrongful death ask I’ve ever seen.

Not trying to playing devils advocate at all here but if they pay this then that would be opening the gd floodgates for this kind of suit.
 

jason10mm

Gold Member
In a related story, a couple injured when their Uber driver crashed CAN NOT sue Uber because their adult daughter signed the arbitration clause on Uber.........EATS!


The dystopia of endless clauses crossing from multiple services continues. BREAK THESE COMPANIES UP! Uber Eats agreements should have ZERO to do with Uber rides. Same with Disney parks and Disney+ the streaming service.
 

Hookshot

Member
In a related story, a couple injured when their Uber driver crashed CAN NOT sue Uber because their adult daughter signed the arbitration clause on Uber.........EATS!


The dystopia of endless clauses crossing from multiple services continues. BREAK THESE COMPANIES UP! Uber Eats agreements should have ZERO to do with Uber rides. Same with Disney parks and Disney+ the streaming service.
Wait Uber got the decision after an appeal? Someone should check that judges bank account.
 

jason10mm

Gold Member
Wait Uber got the decision after an appeal? Someone should check that judges bank account.
No shit.

The ONLY mitigating circumstance I can think of is that Uber already made an offer to this couple that the judge thought "was fair" and thus there was no need for additional litigation.
 

poppabk

Cheeks Spread for Digital Only Future
In a related story, a couple injured when their Uber driver crashed CAN NOT sue Uber because their adult daughter signed the arbitration clause on Uber.........EATS!


The dystopia of endless clauses crossing from multiple services continues. BREAK THESE COMPANIES UP! Uber Eats agreements should have ZERO to do with Uber rides. Same with Disney parks and Disney+ the streaming service.
The supreme court have really fucked over the average person.
 
Top Bottom