Disney wants wrongful death lawsuit dismissed over Disney+ terms
Disney reportedly wants a widower's lawsuit thrown out of court because of a Disney+ free trial he signed up for. He is suing the company for the wrongful death of his wife.
People will read the terms and conditions of new services more carefully before clicking "accept" after hearing Disney's argument in a wrongful death lawsuit.
According to CNN, Jeffrey Piccolo is suing Walt Disney Parks and Resorts following the death of his wife, Dr Kanokporn 'Amy' Tangsuan.
The medical doctor died in October last year after suffering a severe allergic reaction to food she ate at Disney World Resort in Orlando, Florida.
Amy reportedly informed staff at Raglan Road Irish Pub and Restaurant that she had a nut and dairy allergy. Staff allegedly assured her that her meal did contain them.
She collapsed while walking around the park after eating her meal, which included a vegan shepherd's pie, vegan fritter, onion rings, and scallops.
Amy was able to self-administer an EpiPen, but sadly passed away in the hospital. Jeffrey has filed a lawsuit against Disney and the restaurant for $50,000 (R900,000).
Disney, however, says the widower cannot sue the company in court because of a Disney+ trial he signed up for several years before the incident.
A clause in the streaming platform's fine print states that users must settle disputes against The Walt Disney Company or its affiliates through arbitration and not in court. Disney's lawyers also noted that Jeffrey bought tickets for Epcot Center, a theme park at the resort, on the Walt Disney Parks website.
They say this also protects the company from a lawsuit. Jeffrey's lawyer has called Disney's argument ridiculous.
According to The Guardian, his lawyer said in an August court filing that Disney's stance “is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated, and will instead have agreed to arbitrate any and all disputes against any and all Disney entities and affiliates, no matter how far removed from use of the Disney+ streaming service, including personal injury and wrongful death claims”.
Terms and Conditions
Disney says it is "deeply saddened by the family's loss", but it stands by its position.
"Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant," CNN cited a Disney spokesperson.
Disney has 150-million subscribers on Disney+ and it is likely that a large number of them did not read the terms and conditions properly when they signed up.
The truth is that many people rarely do when signing up for new apps and services. They are often put off by the long text or, in some cases, might not understand what they are reading.
According to a 2023 article on The Conversation, a study found that "8% of people read a bank account contract, 19% a car rental contract and 25% a dry-cleaning contract before committing to a deal. Similarly, more than 80% of participants in a different study reported 'not reading at all' or 'not really' reading click-through agreements".
A separate study also revealed that many people ignored the privacy policies and terms of service policies when signing up for social network services.
So much so that 98% of participants who joined a fictitious social networking service unknowingly gave up the rights to their firstborn children. It was one of the clauses in the fictional terms and conditions, which they clearly did not read.
"Legally, though, terms and conditions are enforceable and allow businesses to reduce costs that might otherwise be associated with bargaining," The Conversation cautions.
Think twice before scrolling down to "accept" without reading!
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Main image credit: iStock/David Peperkamp
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