Disney Refers to Disney+ Terms and Conditions in Legal Dispute Over Death Due to Allergic Shock

8/16/2024, 11:49 AM

Disney is attempting to dismiss a lawsuit regarding a fatal allergic reaction following a restaurant visit at a theme park by referencing the terms and conditions of its streaming service Disney+, which include an arbitration clause.

Eulerpool News Aug 16, 2024, 11:49 AM

The entertainment corporation Disney is currently facing a lawsuit concerning the death of a woman following an allergic shock in one of its amusement parks. The incident occurred in October 2023 when the 42-year-old doctor suffered a severe allergic reaction after consuming food in a restaurant on the premises and later died in the hospital. The family claims that the food was contaminated with dairy products and nuts, to which the woman had a severe allergy.

The widowed husband sued Disney over his wife's death, but the company is now trying to dismiss the lawsuit. Disney is citing the general terms and conditions of its streaming service Disney+. According to Disney, the widower signed up for a trial subscription to Disney+ in 2019 and agreed to the terms, which include a binding arbitration clause. This clause states that all disputes with Disney must be resolved through arbitration and not in court.

Disney continues to argue that the widower agreed to these terms not only when subscribing to Disney+ but also when purchasing tickets for the theme park. The company emphasizes that the arbitration clause covers all disputes, even those unrelated to the streaming service.

Here is the English translation of the heading:
The plaintiff's lawyer considers Disney's defense "absurd," arguing that it is unreasonable to assume that millions of Disney+ subscribers would waive their right to sue the corporation in any disputes. The lawyer described Disney's argument as "unreasonable and unfair.

Disney expressed its regret over the death but continues to defend itself against the lawsuit. The company emphasized that the restaurant in question is not directly operated by Disney and that the reference to the terms and conditions is merely a legal measure to protect itself against the lawsuit.

The next hearing in the case is scheduled for October 2nd in a court in Orlando.

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