A recent wrongful death lawsuit filed against Walt Disney Parks and Resorts highlights the importance of carefully reviewing terms and conditions when signing up for services like streaming platforms or smartphone apps. The lawsuit was brought by the family of a woman from New York who tragically passed away after dining at a restaurant in Disney Springs, a complex owned by Disney in Florida.
Disney is seeking to have the lawsuit dismissed, citing an arbitration clause in the subscriber agreement of their Disney+ streaming service. The company argues that the plaintiff, the woman’s husband, previously agreed to handle any disputes through arbitration, rather than through traditional legal channels.
John Davisson, the director of litigation at the Electronic Privacy Information Center, expressed concerns about the imbalance of power in such agreements, noting that consumers often have little room to negotiate terms and are typically forced to accept them without fully understanding the implications.
The lawsuit details the events leading up to the tragic incident, claiming that the woman had a severe allergic reaction after dining at an Irish pub in Disney Springs. Despite informing the server multiple times about her allergies and being assured that the food was safe, she later collapsed and passed away at a hospital due to anaphylaxis from nut and dairy exposure.
In response, Disney expressed sorrow over the family’s loss and emphasized that the Irish pub in question is not operated by them. They reiterated their stance on arbitration, pointing out that the husband had acknowledged and agreed to the terms when signing up for the Disney+ trial.
Consumer advocacy groups suggest supporting lawmakers and regulators who are addressing these issues of consumer protection. The complexity and one-sided nature of such agreements make it challenging for individuals to fully comprehend their rights and obligations, especially in the rapidly-evolving digital landscape.
