Disney withdraws request to dismiss wrongful death lawsuit over Disney+ terms of service agreement
In a case involving a woman who died after suffering an allergic reaction at a Disney Resort restaurant, Disney had requested that the family of the deceased be dropped, arguing that they could not sue Disney because they agreed to the Disney+ terms of service, which include an arbitration clause, but Disney has decided to take the matter to court.
Disney stops trying to use Disney Plus excuse to settle a wrongful death lawsuit - The Verge
Disney agrees to have Florida wrongful death lawsuit decided in court | Reuters
https://www.reuters.com/legal/disney-agrees-have-florida-wrongful-death-lawsuit-decided-court-2024-08-20/
Disney drops streaming waiver defense over woman's allergy death at resort | Walt Disney Company | The Guardian
https://www.theguardian.com/film/article/2024/aug/20/disney-wrongful-death-lawsuit-drop-subscription-defense
In October 2023, a woman who ate at a restaurant in a Disney resort died after suffering a severe allergic reaction after eating because the food served to her contained allergens, despite having checked with employees in advance. The woman's husband filed a wrongful death lawsuit against Disney seeking monetary compensation, but Disney initially explained that 'restaurants are not under Disney's management or operation.' Furthermore, they argued that 'when signing up for Disney+, we agreed to an arbitration clause that stipulates that disputes with Disney will be resolved by arbitration rather than litigation,' and asked the court to dismiss the lawsuit.
In response to a lawsuit alleging that a man's wife died after eating at a Disney resort, Disney claims that anyone who has used Disney+ even once cannot sue Disney forever - GIGAZINE
While many were waiting to see how the court would rule, Disney Experience Chairman Josh D'Amaro issued a statement announcing the decision to waive arbitration rights and take the matter to court.
'At Disney, we strive to put humanity first,' D'Amaro said. 'We believe these are unique circumstances that require a careful effort to quickly resolve this for a family that has experienced a painful loss. As a result, we have waived our right to arbitration and have decided to pursue this matter in court.'
Joseph Sellers, an attorney who has filed many arbitration class action lawsuits, told Reuters that the decision not to resort to arbitration was unusual and suggested Disney's lawyers thought it would be difficult to apply the Disney+ terms of service to this case.
The case is ongoing and is scheduled for a hearing on October 2, 2024.
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