Disney: Evil, Inc? Wrongful Death Lawsuit

tigertides

Mouseketeer
Joined
Jan 24, 2021
Messages
201
Just a shameful position for Disney, Inc. Essentially, if you have ever signed up for a Disney+ account, you will be forced to go into arbitration vs Disney, Inc.

This 42 year old wife died from a nut allergy at Disney Springs (despite multiple requests), and Disney, Inc is going this route.

Good luck if you have any legitimate claims due to negligence. I love Disney, but this is shameful.
 
Pretty sure it's Disney's team of attorneys rather than the company itself
 
Well, Disney does not own or operate the restaurant where the guest ate that day. I am surprised they are actually included in the lawsuit. I would think there would be something in Disney’s contracts with third parties addressing this type of issue. I personally do not feel Disney is responsible for what happened to the guest. I feel that is all on Raglan Road, and their owners and management should be held responsible should the court find them guilty of negligence.

However, if it is true that Disney is using a line of legalese in a contract that has nothing to do with Parks and Resorts to prevent people from suing Disney for negligence in restaurants they do own and operate, that is beyond the pale in my opinion. I could understand their position if it was part of the terms and conditions for staying in the resorts or gaining admission to the parks that you might have to agree to arbitration should an event occur while visiting those places. But Disney+ is a separate division which has no control over policies at WDW. I also think it’s a reach to make that legalese binding in perpetuity. Supposedly that guest signed up for a trial of Disney+ and did not end up subscribing as a paying customer. That should have voided the T&C of the Disney+ agreement. Canceling the service at any point should mark the end of the T&C agreement in my opinion. Ultimately though it is the responsibility of each of us to read the fine print every single time so we know what we are agreeing to.
 

Just a shameful position for Disney, Inc. Essentially, if you have ever signed up for a Disney+ account, you will be forced to go into arbitration vs Disney, Inc.

This 42 year old wife died from a nut allergy at Disney Springs (despite multiple requests), and Disney, Inc is going this route.

Good luck if you have any legitimate claims due to negligence. I love Disney, but this is shameful.
Disney offered the family 50,000. I agree this is tragic and my heart goes out to the family but, here are my thoughts.
Raglan Road was the restaurant where this couple ate at and it is not owned by Disney. There are some restaurants and businesses that lease from Disney and this is one of them. That is why you can go onto a third party site opentable.com and reserve dining when Disney site says they are fully booked. I do this.

There is a real issue these days with people having allergies so severe they are life threatening. If this was an issue with anyone in my family I would choose not to eat somewhere that served these allergens. Even if you order a dish that does not contain any of the allergens, you are still having your meals prepared with those that do-cross contamination.

Even if you buy things that say gluten free from the store they can still be made at a manufactring facilty with those that do. Even though you go to a restaurant that serves dairy free and nut free products they are still in the kitchen. I haven't delved deeper into the story. I am not being insensitive because this story is heartbreaking, I am stating legal facts on where Disney has a case.

Disney is one of the biggest entities in the world and has the money to pay out but, legally who really is responsible? I have heard that she had high levels of nut product in her system. Raglan Road is to blame in that case. I hope people don't just conclude that Disney is evil based on whose to blame. I do think that the angle they took was despicable though.
 
Well, Disney does not own or operate the restaurant where the guest ate that day. I am surprised they are actually included in the lawsuit. I would think there would be something in Disney’s contracts with third parties addressing this type of issue. I personally do not feel Disney is responsible for what happened to the guest. I feel that is all on Raglan Road, and their owners and management should be held responsible should the court find them guilty of negligence.

However, if it is true that Disney is using a line of legalese in a contract that has nothing to do with Parks and Resorts to prevent people from suing Disney for negligence in restaurants they do own and operate, that is beyond the pale in my opinion. I could understand their position if it was part of the terms and conditions for staying in the resorts or gaining admission to the parks that you might have to agree to arbitration should an event occur while visiting those places. But Disney+ is a separate division which has no control over policies at WDW. I also think it’s a reach to make that legalese binding in perpetuity. Supposedly that guest signed up for a trial of Disney+ and did not end up subscribing as a paying customer. That should have voided the T&C of the Disney+ agreement. Canceling the service at any point should mark the end of the T&C agreement in my opinion. Ultimately though it is the responsibility of each of us to read the fine print every single time so we know what we are agreeing to.
I wonder how many people who go visit the parks will drop Disney+ just in case.
 
I wonder how many people who go visit the parks will drop Disney+ just in case.
I don’t think that would help, based on what I have heard about the current situation. The person did a free trial of Disney+ a few years ago, and never became a paying subscriber, yet they are being held to the Terms and Conditions they agreed to at the time they signed up for the free trial. Terms and Conditions that went way beyond the scope of a Disney+ subscription. So if someone was actually a paid subscriber, I can only imagine they would be held to those T&C as well. That doesn’t seem fair or legal to me, but that is how it’s been presented so far.
 
I don’t think that would help, based on what I have heard about the current situation. The person did a free trial of Disney+ a few years ago, and never became a paying subscriber, yet they are being held to the Terms and Conditions they agreed to at the time they signed up for the free trial. Terms and Conditions that went way beyond the scope of a Disney+ subscription. So if someone was actually a paid subscriber, I can only imagine they would be held to those T&C as well. That doesn’t seem fair or legal to me, but that is how it’s been presented so far.
On the surface its a clear-cut case. Law is supposed to be black and white not grey. They went to Raglan Road, not owned by Disney, she had a life-threatening allergy, they made them aware, she died with a high level of nut product in her system. Verdict: Raglan Road negligence. Also, maybe don't go to a restaurant with unpredictable conditions. The reason airplanes have eliminated nuts is that some people can go into anaphylactic shock just by being near someone eating nuts so if her allergy was that extreme they shouldn't have ate out anywhere on their trip.
 
I ate at Raglan last night, I don’t recall seeing any item with nuts.

I wonder if that was the case when this occurred
 
On the surface its a clear-cut case. Law is supposed to be black and white not grey. They went to Raglan Road, not owned by Disney, she had a life-threatening allergy, they made them aware, she died with a high level of nut product in her system. Verdict: Raglan Road negligence. Also, maybe don't go to a restaurant with unpredictable conditions. The reason airplanes have eliminated nuts is that some people can go into anaphylactic shock just by being near someone eating nuts so if her allergy was that extreme they shouldn't have ate out anywhere on their trip.
Oh, I agree with what you are saying here. I believe Raglan Road is at fault, not Disney. I am just saying that if Disney is going to drag up agreeing to T&C years ago for a free trial of a product not even related to Parks and Resorts to avoid a trial, then dropping Disney+ at any point probably won’t make a difference . . . unless the court says Disney can’t do that. They may have harmed their own case by trying to get out of it in this way. I would have stuck with the fact that they don’t own or operate, or set the policies and procedures for, Raglan Road.
 
Disney didn’t offer anyone $50,000. The plaintiff filed suit against Raglan and Disney for damages in excess of $50,000. That’s the jurisdictional amount for that particular court. The plaintiff will ask for much more in damages.
 
Disney is not the first company to raise a tenuous aribtration clause defense (some of which have been successful) and their lawyers wouldn't be doing their job if they didn't raise this defense, along with the previously raised defense of having no control over Raglan’s operations or management and merely serving as landlord. https://www.reuters.com/legal/litig...ds-wrongful-death-suit-has-chance-2024-08-16/
 










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