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+. Disney Springs Wrongful Death Lawsuit Update

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

  • MajorHavoc@programming.devEnglish
    129·
    4 months ago

    If the courts let Disney get away with this, it will slightly erode my faith in non-guillotine resolutions to the current phase of bullshit like this.

      • The Quuuuuill@slrpnk.netEnglish
        191·
        4 months ago

        I don’t think our politicians get that our legal system and media outlets have created the perfect confluence of bullshit to where a vast swath of people feel the only way to make change is via violence. I fully anticipate a “both sides are equally at fault” within the next 12 months when some state crazy enough to do it sucedes from the union. “Aren’t the leftists standing up to the far right militias equally at fault” they’ll say

        • snooggums@midwest.socialEnglish
          161·
          4 months ago

          I don’t think our politicians get that our legal system and media outlets have created the perfect confluence of bullshit to where a vast swath of people feel the only way to make change is via violence.

          This has been the situation in the US for minorities when interacting with the police and courts since the nation was founded. All protests for equal rights that turned into riots (because police escalated the situation) were the result of frustration with this kind of bullshit.

          • The Quuuuuill@slrpnk.netEnglish
            11·
            4 months ago

            100%. Any time I hear people talking about “why are you destroying your own city” all I can think is… Why doesn’t the city work for the people? What systemic issue is being ignored that the only solution left is a brick through a window? Why are the working class punishing the property holders?