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Businesses The Courts

Disney Says Disney+ TOS Means Man Can't Sue For Wife's Fatal Allergic Reaction 205

New submitter beamdriver writes: As is being reported in Newsday, Disney has asked a Florida court to dismiss a wrongful-death lawsuit filed by the husband of a Carle Place physician who suffered a fatal allergic reaction after eating at a Disney Springs restaurant.

The company cited legal language agreed to years earlier when Jeffrey Piccolo, widower of Kanokporn Tangsuan, 42, of Plainview, signed up for a one-month trial of the Disney+ streaming service that requires users to arbitrate all disputes with the company, records show.

Kanokporn Tangsuan, died in October after dining with her husband, Jeffrey Piccolo, at a restaurant in a section of the Walt Disney World Resort. Despite informing the waitstaff several times of her severe peanut and dairy allergies and receiving assurances that her meal would be allergen-free, she began having severe difficulty breathing shortly after dinner. She self-administered an epi-pen and was transported to a hospital, where she later died.

A medical examiner attributed her death to anaphylaxis due to elevated levels of dairy and nuts in her system, according to the suit.
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Disney Says Disney+ TOS Means Man Can't Sue For Wife's Fatal Allergic Reaction

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  • by gweihir ( 88907 ) on Wednesday August 14, 2024 @09:50AM (#64705058)

    Even for a classical evil megacorp.

    • Disney has jumped the evil shark! EVIL EVIL EVIL Screw Disney forever for even suggesting such a thing. Disney, like Hanoi Jane, has been banned from my life for good.

      • by Z00L00K ( 682162 )

        And when they are anyway found guilty they'll forward it to the responsible employee in question.

      • by tysonedwards ( 969693 ) on Wednesday August 14, 2024 @12:34PM (#64705734)
        Important to remember here: he signed up for a Disney+ TRIAL in 2019. But, his wife died in late 2023. The Disney lawyers are saying a contract for a 30 day trial service (that was not continued) 4 years before is sufficient legal justification to block a wrongful death court proceeding. Disney was no longer contractually obligated to serve him, yet he is contractually obligated to their terms of service?
        • Disney is being sued because their website, which posts menus for all places in Disney Springs said they served allergy safe food. The particular website they said they used requires a Disney account to access. That account was created for a Disney+ trial but had continued use up through and after the incident. That's want they want to arbitrate. Does saying "Ragland offers allergy safe options", on their website make Disney liable for a restaurant they neither own nor operate and just act as a landlord for
          • by Roger W Moore ( 538166 ) on Wednesday August 14, 2024 @01:38PM (#64706026) Journal

            Does saying "Ragland offers allergy safe options", on their website make Disney liable for a restaurant they neither own nor operate and just act as a landlord for.

            If this were as you are implying, just a landlord's website with details of the businesses they rent property to then I'd tend to agree with you. However, things are not quite as you present them. According to the article the restaurant was part of a Walt Disney World Resort so Disnet clearly have far more control over it that just a regular landlord renting out a building would have over their tennant. Since they control the resort it is very reasonable to expect that their website has accurate and reliable information about the restaurants in their resort - you can't expect the public to be fully aware of whatever corporate ownership structure you have setup.

            Amazon tried this denying all responsibility approach with the third party sellers on its website and that was thrown out by the courts for exactly that reason which is probably why the Disney lawyers are now trying to pull this sort of crap. This is also why in most countries outside the US click-to-agree contracts that you have zero ability to negotiate carry almost no weight.

            • by rayzat ( 733303 ) on Wednesday August 14, 2024 @02:08PM (#64706134)
              The restaurant is located in Disney Springs, which is a giant strip mall inside the WDW resort, its public accessible with no tickets. It is indeed just a mall with all the stores you see at most every mall.

              With the Amazon case they got slapped because it got ruled that even though they weren't acting as a seller they were still acting as a distributor which made them liable for the distribution side.
        • by Darinbob ( 1142669 ) on Wednesday August 14, 2024 @03:22PM (#64706420)

          But also in the suit is the arbitration agreement accept (or clicked on) in order to buy the tickets for the 2023 visit. But the suit includes both of them which is just dumb, they could have left off the Disney+ part and look slightly less evil.

          However, arbitration agreements are, in general, dumb The whole point of arbitration agreements is to avoid lawsuits and limit damages if they ARE guilty; arbitration agreements in no way are meant to benefit the plaintiffs. They're written in such a way that whoever has the most money will win.

          Personally I think it should be disallowed for anyone to voluntarily give up their rights in such a simple manner. Any giving up of rights needs to have a legal judge present to ensure that the party has full informed consent, and not just a click-through agreement.

    • This is what happens when you let lawyers do lawyer things without PR oversight.
      • Re: (Score:2, Insightful)

        by DarkOx ( 621550 )

        is it though. I mean putting a value on a human life is hard enough, placing that value and adding gross negligence and just compensation for same on top of it is even taller.

        Just look at the basic facts here, they killed a woman because they could not simply say "I am sorry mam our kitchen isnt equipped to ensure we can provide a meal entirely peanut and dairy free."

        It is a pretty bad look no matter what comes next. Would you say, 'Oh that Disney Corporation, they are such responsible citizens look how t

        • by gweihir ( 88907 )

          The actual cold business perspective here is clear: They failed to make the guy an honest offer. If they had, there would have been negotiations, and maybe they would have to pay 10x that much. Most people are greedy but not excessively greedy. The actual numbers would not even have mattered and no, it would not have been 2 billion. And yes, it would have been orders of magnitude cheaper than _this_ disaster.

          Hence immediate actions here: Fire negotiator for incompetence. Then fire lawyers for incompetence.

          • by DarkOx ( 621550 )

            I am not so certain. Making an offer is essentially admitting fault.

            People love Disney because they can't separate their opinion of the company from that movie the loved as a child. I am not at all sure they can't/won't dig their heels in and rely on that. As another poster pointed out, this likely a delay tactic as much as anything.

            More than likely they are working on how they can pin this on some hourly park/restaurant employees, in at least the court of public opinion while they argue the corporate ent

            • Making an offer is essentially admitting fault.

              Then why do we see so many settlements with "admit no wrongdoing" language in them?

              Making an offer is an attempt to make the other party go away. Sure, the optics may make it seem like an admission of fault, but the offer doesn't necessarily say so.

          • They failed to make the guy an honest offer.

            Or maybe they did, and the guy got greedy and sued.

            The standard Value of Life [wikipedia.org] in America is $7.5M, so that should've been their baseline offer. But she was a doctor, so she had higher earning potential, maybe $10M.

            If it goes to arbitration, that is likely about where it'll end up.

            If it goes to court, it'll likely end up about the same place after the judge adjusts the jury's emotion-driven excess, plus a few million more for the attorneys.

          • by ClickOnThis ( 137803 ) on Wednesday August 14, 2024 @11:08AM (#64705414) Journal

            Mod parent up. I'd just like to add one comment.

            They failed to make the guy an honest offer. If they had, there would have been negotiations, and maybe they would have to pay 10x that much. Most people are greedy but not excessively greedy.

            I agree, but greed is not the issue. Not just for the sake of the plaintiff, but also potential future victims, Disney must be punished. That means the amount of the offer (or judgement, if it goes to trial) must be a deterrent to similar negligence in the future.

      • by gweihir ( 88907 )

        Yes, probably. I do not think Disney would ever see any profit in being exposed this way. Even settling with the guy will not fix the damage now. This will haunt them.

    • by doc1623 ( 7109263 ) on Wednesday August 14, 2024 @10:13AM (#64705168)

      Agreed!

      The only way to stop or at least curtail these megacorps evil actions is to regulate them with thorough oversight, and penalties that are heavy enough as to not be built into "acceptable risk" (maybe a percentage of yearly profits up to and including 100, forced breakup, etc).

      Regulations are just laws directed at companies rather than people. Most of us are not anarchist. So, inherently, not against laws. Why should a corporation be less regulated than the actual people? We have some of the strictest laws with the harshest punishments in any western style democracies. (See our prison population per capita compared to other countries)

      We also need to take money out of politics to regain our democracy, and take it away from the plutocrats, starting with all corporate money. In my mind, corporations are just levers for the ultra rich and powerful to gain more of both, which means taking away from the rest of us.

      • we don't need to regulate them.

        We need to stop buying the crap they are selling. Stop going to the parks, stop eating in the restaurants, stop paying for their services.

        It is faster and more effective than getting congress critters who are on their payroll from creating a watered down legislation that is vetoed by the Executive branch and overturned by the courts.

        Until people realize we the people hold the real power, and not a corrupt Government, they will be perpetual victims

        It is amazing that people will

    • by AmiMoJo ( 196126 ) on Wednesday August 14, 2024 @10:15AM (#64705174) Homepage Journal

      For US laws too. In Europe you generally speaking can't sign away your legal rights. We don't have forced arbitration because even if you sign such a contract, it can't be enforced.

      • Yeah, I really like EU regulations from what I've heard. Our plutocrats won't allow it. As they are the ones profiting by it.
        • by gweihir ( 88907 )

          Not everything is peachy in the EU, but protections of customers and, generally, of individuals are pretty good. One reliable sign the EU is not run by big money.

          • Side effect of that is that the EU does not have an Apple, SpaceX, Google, Goldmann Sachs, ...
            It is always pointed out when i.e. there is a report about the new but inferior Ariane. Or when the EU puts a huge fine on some company. "They just want a piece of the cake! Make your own huge company evil socialists!"
            The EU is just a bit more careful. We've had too many struggles in the past. It is too easy to DIY a guillotine.
      • by HiThere ( 15173 )

        I don't *think* this argument will work in the US either. We'll see. (Well, probably we won't. This will probably be hushed up somehow.)

    • by Sebby ( 238625 ) on Wednesday August 14, 2024 @10:30AM (#64705246)

      Even for a classical evil megacorp.

      Cruella de Vil, Mother Gothel & several other Disney villains are blushing.

    • It really is.
      You expect some amount of evil, but this is a shocking amount.
    • Even for a classical evil megacorp.

      Or medieval -- Disney does have castles and kingdoms. :-)

  • by JeffSh ( 71237 ) <jeffslashdot.m0m0@org> on Wednesday August 14, 2024 @09:50AM (#64705060)

    That's messed up.

  • by magzteel ( 5013587 ) on Wednesday August 14, 2024 @09:54AM (#64705070)

    I doubt this argument will stand other than for disputes arising from his single month of Disney+ service

    • Re: (Score:3, Insightful)

      by cruff ( 171569 )

      I doubt this argument will stand other than for disputes arising from his single month of Disney+ service

      Exactly. What relationship does the online service have to do with food served in an on site restaurant? The mind boggles at the lengths a corporation will go to to avoid doing the right thing.

      • The better question is what kind of "relationship" does Disney have with the judges?

        This poor man better hope it doesn't get to the USSC, because otherwise a certain amount of gratuities might sway their opinions on when and where their TOS applies....
        • I have strong doubts even the fishiest of judges would have much time of this line of argumentation. The disney lawyers are going for a long shot, but its the kind of long shot thats more likely to doom their case by angering the judge.

      • What relationship does the online service have to do with food served in an on site restaurant?

        Of course, restaurants already put fine-print disclaimers on their menus about undercooked meat and potential cross-contamination of allergens in the kitchen. But when I read the above in your post, I imagined a new dystopic hellscape with EULAs on the back page of restaurant menus that have language like this:

        [...] You eat at our restaurant at your own risk. You agree that any and all claims of injury or death allegedly caused by our service will be settled via arbitration in accordance with clause 52.1(c) below. Your settlement in any case will be limited to the charged amount for the meal times 10. You recognize the existence of [obscure clause in state law that forbids us from making you agree to all of this] and waive your rights under this law. [...]

        • by cruff ( 171569 )

          I read the above in your post, I imagined a new dystopic hellscape with EULAs on the back page of restaurant menus that have language like this: ...

          And printed in a 5 point font that requires a magnifying aid to read...

    • Yeah I'm not sure what the american justice system is like, but if its anything like the australian and uk ones, this is the kind of legal argument liable to make the lawyer sit in the corner of the room with a dunce hat on writing 1000 lines of "I will not waste the courts time with frivolous insanity arguments".

      Its a *clearly* unfair clause that no reasonable person would agree to if they understood it, and if its not made clear whats being agreed to ,then its not an accurate record of the agreement.

    • by Comboman ( 895500 ) on Wednesday August 14, 2024 @10:17AM (#64705182)

      But the fact that they would even try illustrates shittiness of these click-through agreements. I hope his lawyers go after this hard and get the judge to set some precedents that limit the scope of these kind of "agreements".

      • by HiThere ( 15173 )

        A trial judge can't set precedents, and I doubt that Disney would be silly enough to appeal.

      • But the fact that they would even try illustrates shittiness of these click-through agreements.

        Actually, it just demonstrates that lawyers will try anything they think has even a remote chance of sticking. I'll bet Disney is wishing the legal team had cleared this particular motion with PR...

        I hope his lawyers go after this hard and get the judge to set some precedents that limit the scope of these kind of "agreements".

        The only way this could establish precedent is if the trial court grants the motion and the guy files an appeal, then the appellate court squashes it and sends it back. So, what you want here is for the judge to agree with Disney's lawyers. I think that's unlikely, though.

    • by hey! ( 33014 )

      I think more to the point, exactly what corporate entity would a reasonable person think he's making an agreement with? Disney+ is a subsidiary of Disney Streaming, which is a subsidiary of Disney Entertainment, which is a subsidiary of The Walt Disney Company. Disney World is a subsidiary of Disney Experiences which is a division of the Walt Disney Company.

      Disney is trying to have it both ways here. If Disney+ went bankrupt, then The Walt Disney Company would surely say that creditors have no claims on

  • by AcidFnTonic ( 791034 ) on Wednesday August 14, 2024 @09:55AM (#64705074) Homepage

    This reads like comedy. I mean holy cow how can someone be so fucking evil. I mean damn.

    • This reads like comedy. I mean holy cow how can someone be so fucking evil. I mean damn.

      Lawyers, ... need I say more?

      • Lawyers aren't generally evil, they have a critical job in the legal system of arguing points of law. No matter how guilty or evil a person is, not matter what crime appears to have been committed, they deserve a vigorous defense in pursuit of an appropriate verdict and sentence.

        The issue comes when they argue things that are clearly not points of law.

        • by Viol8 ( 599362 )

          I think its fair to say that the ones who work in corporate law probably have a loser set of morals - or none at all - than the ones who work in criminal law. The former are almost certainly driven more by money than any kind of higher calling to see justice done. Not that I'm claiming that all criminal lawyers are motivated by that either , but on balance more would be.

        • Lawyers aren't generally evil, they have a critical job in the legal system of arguing points of law

          That's true - there are plenty of good lawyers representing righteous clients.

          No matter how guilty or evil a person is, not matter what crime appears to have been committed, they deserve a vigorous defense in pursuit of an appropriate verdict and sentence.

          While that's true, most lawyers have the freedom to walk away from someone requesting their representation. That means that even though a defendant deser

      • Q: How do you save a lawyer from drowning?

        A: You remove your boot from his face.

  • by sixsixtysix ( 1110135 ) on Wednesday August 14, 2024 @09:59AM (#64705084)
    Even if this was legit, the terms of service end when the service ends.
    • Comment removed based on user account deletion
    • Even if this was legit, the terms of service end when the service ends.

      I think they're being a bit cute with the wording there, he agreed to the TOS as part of the one month trial but there's no indication he cancelled. So the terms of the TOS are still binding.

      Of course, that doesn't mean the arbitration clause would extend to cover the restaurant.

      This sounds like something a lawyer throws out to see if the judge buys it and the judge throws back in their face. There's no real negative consequence for the lawyers so I can understand why they do it (at a certain level law is l

  • I'm glad I'm not paying for Disney+

  • I've been here since 2009, although I don't post much.

  • Law and Laywers (Score:5, Informative)

    by Baron_Yam ( 643147 ) on Wednesday August 14, 2024 @10:12AM (#64705154)

    Basic law: You cannot sign away your right to sue over gross criminal negligence. Telling a restaurant you have a severe peanut allergy, having them promise their food will be peanut-free, and then killing you with peanut-tainted food is clearly criminal negligence and reasonable grounds for the husband's suit. A lawyer is an officer of the court and has a responsibility not to waste the courts time with obvious bullshit.

    That lawyer claiming you signed away that right because you subscribe to the streaming service provided by a completely different arm of the parent corporation means the lawyer should be shot somewhere that causes them to die very slowly. Then disbar the corpse.

    • IANAL but I agree wholly.

    • by Calydor ( 739835 )

      The way I understand the summary they didn't even subscribe - they used a one month free trial that just has the same boilerplate TOS that no one reads or is even qualified to fully understand if they do.

    • Basic law: You cannot sign away your right to sue over gross criminal negligence. Telling a restaurant you have a severe peanut allergy, having them promise their food will be peanut-free, and then killing you with peanut-tainted food is clearly criminal negligence and reasonable grounds for the husband's suit. A lawyer is an officer of the court and has a responsibility not to waste the courts time with obvious bullshit.

      That lawyer claiming you signed away that right because you subscribe to the streaming service provided by a completely different arm of the parent corporation means the lawyer should be shot somewhere that causes them to die very slowly. Then disbar the corpse.

      This is, in part, a consequence of our government deciding that mega-corps, no matter how massive they get, are completely immune from scrutiny. While we're seeing a minor reversal on that, exceedingly minor considering the number of years they've been allowed to go gangbusters, balls out, without restraint, cases like this highlight why it's dangerous. There's an argument to be made that a company that runs a restaurant capable of killing someone with negligence, probably shouldn't be in the business of ru

    • Comment removed based on user account deletion
    • Basic law: You cannot sign away your right to sue over gross criminal negligence. Telling a restaurant you have a severe peanut allergy, having them promise their food will be peanut-free, and then killing you with peanut-tainted food is clearly criminal negligence and reasonable grounds for the husband's suit.

      No not necessarily. Firstly your second statement doesn't agree with the first. Yes it is criminally negligent, but the "criminal" part isn't the deciding factor to invalidating a ToS, it's the "gross" part. Gross negligence isn't just based on the outcome. A normal negligent act doesn't become gross if someone dies, it becomes criminal, and this isn't a criminal suit.

      Proving gross negligence is difficult as there is often a requirement of intent.

      A lawyer is an officer of the court and has a responsibility not to waste the courts time with obvious bullshit.

      And a Slashdotter in the peanut gallery is not a lawyer and r

  • by 4im ( 181450 ) on Wednesday August 14, 2024 @10:13AM (#64705164)

    Seriously, how would they even come up with such a ludicrous argument? How the TOS for a streaming service would in any way relate to obligations regarding food safety... Not only should the judge chew them out, but get them disbarred for contempt of pretty much everybody. Over here in Europe, allergens MUST be listed on the menu, failure to disclose such risks can get establishments fined or closed. I'd guess in cases like this, criminal prosecution for getting someone killed should be the least consequence.

    • Over here in Europe, allergens MUST be listed on the menu, failure to disclose such risks can get establishments fined or closed. I'd guess in cases like this, criminal prosecution for getting someone killed should be the least consequence.

      I am seriously thjinking about setting up a Thai/SouthEastAsian/Mediterranean fussion restaurant, and call it Shellfish-Peanuts-Wheat&Milk

      If we branch in europe: Do we need to list the alergens in the menu? After all, everything will be cross-contaminated anyway. ;-)

    • streaming is just one way.

      the other is stepping foot onto any part of disney land.

    • by _xeno_ ( 155264 ) on Wednesday August 14, 2024 @12:09PM (#64705634) Homepage Journal

      Seriously, how would they even come up with such a ludicrous argument? How the TOS for a streaming service would in any way relate to obligations regarding food safety...

      I did the crazy thing and read the article, so I can answer this for you: Because Disney is embracing modern tech company trends and you have to create an online account to get tickets to their resorts. From the article:

      In its motion, Disney said that Piccolo established his account with Disney by signing up for a Disney+ trial account on his PlayStation in 2019 and in September 2023 used his account under the "My Disney Experience" app to purchase tickets to Epcot. Tangsuan died before they could use the tickets.

      In both instances, Disney said, Piccolo was notified that by clicking “Agree & Continue” he was accepting the company’s “subscriber agreement,” which includes the arbitration language.

      Essentially, you use the same account for Disney+ that you use to buy tickets that you "use" when visiting Disney parks. Elsewhere the article states that there are similar terms agreed to when purchasing the Epcot tickets.

      It's somewhat less insane than "you used Disney+ once, you can never sue us for anything ever" but it's still a harbinger of the new dark future where everything you do involves agreeing to a click-wrap agreement. In this case the Disney+ account and the Disney World account (Disney Springs is part of Disney World) are the same thing and have the same agreement. Welcome to the future.

  • is a famous quote. I doubt if this will stand up in court but give Disney points for creative evil. Not that arbitration is guaranteed to help them. They could still end up paying out quite a bit. It is always important to remember that people rarely collect the huge damages that you see reported in the news. They are always almost reduced on appeal.
  • by jeadly ( 602916 ) on Wednesday August 14, 2024 @10:18AM (#64705184)

    I tried to read the source article but was immediately presented with a dialog to accept their TOS, so I closed the page read fast before I accidentally assented to my future murder.

  • by TheMiddleRoad ( 1153113 ) on Wednesday August 14, 2024 @10:22AM (#64705210)

    I get anaphylactic reactions to mango. It's not so powerful, but it's real. When I go to a restaurant, beforehand I not only make sure that they don't serve mango on the menu, I also stay the hell away from restaurants that use Indian spices. Indian spices usually contain amchur, which is powdered mango that gives a sour tang to dishes. Then when I get there, I tell them of the allergy, and I ask what dished have mango. It's often included in dishes but not on the menu, especially in salsas.

    If I had a deadly nut AND a deadly dairy allergy, I'd stay the hell away from most processed foods and probably almost never eat out. That means no "broccoli and corn fritter, scallops, onion rings and vegan shepherd's pie". She ordered two dishes that had batter ingredients likely made offsite at factories, and a third that had bread likely also made offsite. Its a Disney restaurant. Probably everything comes from a factory and is shipped in frozen. Also, anything deep fried gets prepared in the same oil as a ton of other dishes. And did they cook with peanut oil but not realize? So many ways for things to go wrong. Stay the hell home when you eat, prepare your meals, and inspect the menus beforehand. Take some fucking responsibility.

    Also, Disney are clearly a bunch of evil assholes, but it's not like we didn't know this. Still, I don't think it's reasonable for restaurants to be held responsible for patrons' allergic reactions.

    • And did they cook with peanut oil but not realize

      Not that I'd want to risk it, either as a patron or as an establishment....but I believe in general, frying or using peanut oil is not generally a threat to those with peanut allergies.

      The common stuff is pretty highly refined and does not generally contain the proteins/antigens that set people off.

      Unless they were using cold pressed or "virgin" peanut oil....that's not likely the culprit.

      And these are basic commercial places...they're not going for the f

  • Good luck making this argument fly, Disney dickhead lawyers

    PLEASE READ THIS PROVISION CAREFULLY. YOU ARE AGREEING TO RESOLVE ALL DISPUTES
    BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION
    WAIVER AND JURY TRIAL WAIVER.

    There may be instances in which disputes arise
    between us. You, on the one hand, and Disney+
    and/or ESPN+, on the other hand, agree to resolve,
    by binding individual arbitration, all Disputes
    (including any related disputes involving The Walt
    Disney Company or its affiliates

    • by dgatwood ( 11270 )

      The key word in that is "related". A reasonable person would interpret that to mean "related to Disney+". Someone dying of anaphylaxis in a Disney restaurant is clearly not related to Disney+, so that clause prima facie does not appear to apply.

      Disney's lawyers presumably know what a stretch this is, but, presumably having no sense of morality or human decency whatsoever, are pursuing this course of objection anyway.

      Disgusting.

  • I am not a lawyer, and of course I've been stunned in recent years at how few actual consequences there are for the perpetrators of even blatant courtroom shenanigans. But, ah, nevertheless, this seems unwise to me. It's clearly going to be roundly mocked, and only serves to highlight the draconian abuses of ridiculous terms-of-service contracts that nobody has ever read. That won't call attention to anywhere Disney wants it called.
    • by dgatwood ( 11270 )

      I am not a lawyer, and of course I've been stunned in recent years at how few actual consequences there are for the perpetrators of even blatant courtroom shenanigans. But, ah, nevertheless, this seems unwise to me. It's clearly going to be roundly mocked, and only serves to highlight the draconian abuses of ridiculous terms-of-service contracts that nobody has ever read. That won't call attention to anywhere Disney wants it called.

      A few cases like this, though, and enough people might finally start to demand that Congress act to make mandatory binding arbitration clauses retroactively illegal. Companies *should* be allowed to compel arbitration as the first step, and *should* be allowed to make it binding upon themselves, but should *not* be allowed to make it binding upon a significantly weaker party.

  • I needed a laugh.

    And this will be Grade A prime beef content for dozens of youtube channels for the next week.

  • Here's my head-canon/conspiracy theory:

    This is such a horrible legal precedent to argue that it can't be meant in earnest. Disney must know that they're going to wrecked in the court of public opinion. Instead, Disney is intentionally putting forth a fallacious contention fully expecting a national, binding precedence against their argument.

    End User License Agreements and Terms of Service contracts are invalid unless they are narrowly tailored to the action or product to which they are tied. Moreover, any a

  • Are they even liable anyways? As someone with allergies, eating out is always a risk. Telling the service staff that you have an allergy doesn't guarantee anything. It may not even make it back to the kitchen, and they may not be able to do anything about it. I once had a plate of nachos contaminated with peanuts somehow. You never know what you're going to get.

    If you have life-threatening dairy allergies, there's no way you should be comfortable eating at any mainstream restaurant in the United States. I a

    • by King_TJ ( 85913 )

      I'd agree with you - except society has long held that our people serving us at bars and restaurants really ARE liable. Look at the situation for a bartender if they don't cut someone off. If the person leaves the bar and decides to drive a vehicle and kills someone, they hold the bartender liable.

  • Kanokporn Tangsuan

    I know it has nothing to do with the story, but... I want to be married to someone called Kanokporn. My wife of 30 years is so prude she may as well be called Kannotokporn.

  • by Sloppy ( 14984 ) on Wednesday August 14, 2024 @11:04AM (#64705408) Homepage Journal

    I think this is Disney's way of announcing that people shouldn't use Disney's licensed streaming service, because the license was carefully designed to be so broadly hostile.

    Arrr, fortune blesses us, me mateys, as there be many contract-less, convenient alternatives to their streaming service.

    As usual, the takeaway is that, generally, you shouldn't license things. (If you're not going to pirate, then insist on being allowed to buy authorized copies instead. Licensing: just say no! Classic copyright is enough.)

    Imagine if the loaf of bread that you get at the store were licensed instead of sold. Anyone would agree that'd be absurd but for some reason people do that with TV now. This is something which changed during our lifetimes, and seriously, fuck that!

  • Using an arm of your business to cover up for what an unrelated leg of your business does is unethical at best, illegal at worst.

    Split the company in the parks part, the IP part, the movies and TV production part and the TV channels and streaming part and see how that goes...

  • "IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000)."

    "If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by ADR Services or NAM. "

    "There is a $450 nonrefundable Initial Filing Fee, payable upon filing a demand for arbitration. There is a $950 per party nonrefundable Administrative Fee, payable upon initiation of the case."
    htt [adrservices.com]

  • Comment removed based on user account deletion
  • In a just world, a judge would toss the TOS as being entirely unrelated to the facts of the case. I strongly suspect the suits at Disney are judge shopping even as we speak.

    Wow. Way to make a bad situation worse.

    What the rest of us should take from this is that you do anything with any Disney service or at any Disney property at absolutely your own risk. You can't depend on Disney to provide even basic levels of safety. You CAN depend on Disney to have provisions in place to fight you when they screw up

  • ... should buy Boeing. If all it takes to stop lawsuits is some interlocking corporate ownership, the Lazy B would be home free.

    Sue us because your plane crashed? Better check the TOS for the ticket on that ride again.

  • I'm not a lawyer. But I have lots of friends who are. And I ask questions., so I know more than most non-lawyers do. Here's my take.

    My friends have taught me that you can basically agree to anything, like "I give up my rights to sue if ....", and you may not really and truly give up your rights, even if you agreed to do so. It depends. You can argue that you were pressured into an agreement you never wanted to make, for example. In this case, my guess is that most courts won't agree that agreeing to a clause about streaming TV takes away all your rights to sue over something unrelated to streaming TV, even if the agreement says it does.

    I'm vaguely familiar with this case and the real problem seems to be that both Disney and the 3rd party that operated the restaurant are insisting that the other is to blame for what happened. Disney probably has the stronger case here. I don't know why, but it seems to me that the lawyers have decided to go after Disney - maybe because they have deeper pockets - and Disney is kind of pissed because really the 3rd party that ran the restaurant should have to take the blame here. So this is probably why Disney is being super dicks and insisting "You agreed without knowing it that you can't sue us".

    Disney's best course of action here is to probably sue the 3rd party running the restaurant and get a court to agree that they (the 3rd party) have to answer for what happened. I've eaten at the restaurant in question and on Disney property and they do ask if you have any food allergies when you arrive. I'm not trying to victim blame here, but I do want to point out that the victim had rather extraordinary allergic problems, maybe to the point that she needed to consider that she might not ever be able to eat in any restaurant if it wasn't a dish she could be completely sure didn't violate her allergies. My oldest nephew is milk sensitive and if he gets too much dairy, he barfs it out, but that's it. When your reaction is "If you get milk, you will die", maybe you just can't take the risk that what you get in a restaurant will ever be OK enough. The victim's order included fritters and onion rings and while it is possible to prepare non-dairy, non-peanut batters for those, maybe the reality is that if it's battered and fried, there is no safe element of risk unless you make it at home.
    • I'm not a lawyer. But I have lots of friends who are. And I ask questions., so I know more than most non-lawyers do. Here's my take.

      Not a lawyer, nor any lawyer friends, but sometime read legal stuff for fun, so I have a similar take as you.

      My friends have taught me that you can basically agree to anything, like "I give up my rights to sue if ....", and you may not really and truly give up your rights, even if you agreed to do so.

      Agreed. A lot of programmers take legal language way too seriously and think they can hack it. As a rule of thumb, judges are more interested in intent. If you seem to have found a "bug" or exploit in the law or a contract the Operating System (the judge) will usually refuse to exploit it.

      In this case, my guess is that most courts won't agree that agreeing to a clause about streaming TV takes away all your rights to sue over something unrelated to streaming TV, even if the agreement says it does.

      Agreed. No way they figured they were signing away their right to sue Disney in any context.

      I'm vaguely familiar with this case and the real problem seems to be that both Disney and the 3rd party that operated the restaurant are insisting that the other is to blame for what happened. Disney probably has the stronger case here. I don't know why, but it seems to me that the lawyers have decided to go after Disney - maybe because they have deeper pockets - and Disney is kind of pissed because really the 3rd party that ran the restaurant should have to take the blame here. So this is probably why Disney is being super dicks and insisting "You agreed without knowing it that you can't sue us".

      Half-agreed. Disney i

    • Fritters and onion rings might have been deep-fried in peanut oil. Peanut oil is commonly used in this application. If you have a peanut allergy, fried foods should concern you.
  • Companies can write whatever they want in the TOS but that doesn't make a single thing they claim legally enforceable. The plaintiff should sue Disney anyway and force their attorneys to go in front of a judge and claim that someone must use arbitration for a case of wrongful death in their restaurant due to a clause in the TOS for a streaming service that the plaintiff used for a single month. Even if the judge rules that the forced arbitration clause is enforceable, the case will get even more attention
  • There is a bold claim being made here, that Disney's lawyers are building their case based on the TOS for an unrelated service. Obviously, agreeing to certain conditions to watch The Simpons on the internet is not the same as agreeing to those conditions to be served food in a restaurant, and I can't imagine that Disney would be spending money on lawyers who would argue that. The claim sets off my BS Detector like crazy.

    I can believe that a woman died from an allergic reaction after eating at a Disney-owned

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