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re: OP UPDATED - Disney wants wrongful death lawsuit thrown out bc the plaintiff had Disney+

Posted on 8/14/24 at 10:29 pm to
Posted by teke184
Zachary, LA
Member since Jan 2007
104096 posts
Posted on 8/14/24 at 10:29 pm to
It comes off tone deaf at best. Even if they win this, the negative publicity from the case costs them far more than the wrongful death suit would have.

For a company whose image is all about PR, this is the kind of case they should have quietly settled rather than trying to push for binding arbitration over horseshite reasons.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65894 posts
Posted on 8/15/24 at 1:23 am to
quote:

Any lawyer with half a brain, which I assume the lawyers Disney can afford have, would tell their client this is a stupid argument. It’s much more likely that it’s some in-house counsel that never actually practiced forcing the attorneys to do this. This would be one of the dumbest decisions I’ve ever seen if it won and would open the arbitration floodgates everywhere.


I don't know how much faith I'd put in Disney lawyers. They seemed to truly believe they could win a lawsuit against the state of Florida in federal court over state-created special districts. Disney's lawyers are batting 1.000 when it comes to advancing spurious legal theories in court these days.
Posted by Hester Carries
Member since Sep 2012
25696 posts
Posted on 8/15/24 at 4:56 am to
quote:

I feel like this should also be included. If true, this was likely the primary argument of whatever Disney filed


He purchased tickets at a different time for a different thing.

That shouldn’t bind him in perpetuity to the legal whims of Disney for any unrelated future events.

Additionally in this day and age, there should be some “fine print” law that disallows companies from burying unreasonable and ridiculous legal concessions in the fine print of these online user agreements.

Oldheads can be like “read the fine print you lazy kids” all day but they are like 30 pages long and probably all include bullshite that you don’t even understand anyway. So we are just going to not sign up for stuff or hire an attorney every time we sign up for an account, just to have them advise us not to sign it? Haha
This post was edited on 8/15/24 at 4:57 am
Posted by imjustafatkid
Alabama
Member since Dec 2011
65894 posts
Posted on 8/15/24 at 7:04 am to
Your Xbox console exploded, severely injuring/killing you, but Microsoft claims in court that your family can't sue because you once had a 14 day Game Pass free trial.
Posted by Napoleon
Kenna
Member since Dec 2007
74292 posts
Posted on 8/15/24 at 7:13 am to
Idk. If I had allergies to the point food could kill me I wouldn't eat out. Even if you withheld all harmful ingredients cross contamination is possible.
Posted by Napoleon
Kenna
Member since Dec 2007
74292 posts
Posted on 8/15/24 at 7:20 am to
Disney doesn't own the restaurants though. They are third party. Does it say what place they went to?
I always liked the Boathouse.
Posted by Hester Carries
Member since Sep 2012
25696 posts
Posted on 8/15/24 at 7:21 am to
quote:

Idk. If I had allergies to the point food could kill me I wouldn't eat out. Even if you withheld all harmful ingredients cross contamination is possible.


Also true.
Posted by ThoseGuys
Wishing I was back in NC
Member since Nov 2012
2627 posts
Posted on 8/15/24 at 7:24 am to
Yeah if the severity of the allergies is so great that it leads to death in such a short time frame, there is no way I'm literally putting my life on the line for complete strangers.

And honestly restaurants need to start informing customers with allergies that they may not always be able to ensure complete safety that way they aren't liable. I'm sure they would get sued at some point for refusing to serve someone, but ideally that is easy to get tossed out when it was pretty much "yeah we can serve them, we just can't promise no possible contamination."
Posted by sorantable
Member since Dec 2008
54448 posts
Posted on 8/15/24 at 7:37 am to
What movie/tv show is this thread about?
Posted by imjustafatkid
Alabama
Member since Dec 2011
65894 posts
Posted on 8/15/24 at 7:44 am to
quote:

Disney doesn't own the restaurants though. They are third party. Does it say what place they went to?
I always liked the Boathouse.


Disney does own and operate some of the restaurants and stores at Disney Springs. This happened at Raglan Road, which I believe is owned by a third party but I don't know if Disney has any hand in operating it. I know you can book reservations there through the Disney website.

If Disney were to argue that they don't own the restaurant and therefore shouldn't be a party to the lawsuit, then that would make sense. Full agreement with you there.

And yes, Boathouse is awesome.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65894 posts
Posted on 8/15/24 at 7:45 am to
quote:

What movie/tv show is this thread about?


You didn't know Disney+ is a movie/TV streaming platform? Where you been? Are we going to stop having threads about numbers of Disney+ subscribers (or threads about any streaming app in general)? What movie/tv show do those types of threads talk about?
This post was edited on 8/15/24 at 8:00 am
Posted by imjustafatkid
Alabama
Member since Dec 2011
65894 posts
Posted on 8/15/24 at 7:48 am to
quote:

And honestly restaurants need to start informing customers with allergies that they may not always be able to ensure complete safety that way they aren't liable. I'm sure they would get sued at some point for refusing to serve someone, but ideally that is easy to get tossed out when it was pretty much "yeah we can serve them, we just can't promise no possible contamination."


I totally agree with the personal responsibility aspect. The problem is Disney really advertises itself as being able to do handle all sorts of allergies. They invite people like this to enjoy their facilities and assure them they can be accommodated. Oftentimes the chef of whatever restaurant will come directly to your table to ask about your allergies and what you need to avoid.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79453 posts
Posted on 8/15/24 at 8:23 am to
the alleged facts are that she repeatedly told them about the allergy and was assured multiple times she was getting the safe food.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65894 posts
Posted on 8/15/24 at 9:24 am to
quote:

the alleged facts are that she repeatedly told them about the allergy and was assured multiple times she was getting the safe food.


And I have no doubt that happened. One of my children has a mild allergy that is easy to avoid and does not cause anything near a reaction this drastic, and anytime we mention that to Disney we will have multiple people, including a chef, come to our table to specifically discuss it. They really advertise themselves as being able to work with all manner of allergies.
Posted by QJenk
Atl, Ga
Member since Jan 2013
17593 posts
Posted on 8/15/24 at 9:26 am to
quote:

Most people feel the opposite way, that the old NFL was superior and the old NBA was hard to watch


In other words the guy watched season 1 of the Mandalorian and dipped out
Posted by Corinthians420
Iowa
Member since Jun 2022
16104 posts
Posted on 8/15/24 at 9:27 am to
Disney should be laughed out of court for this. No way does a husband signing up for Disney+ waive his wife's rights
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79453 posts
Posted on 8/15/24 at 10:14 am to
quote:

Your Xbox console exploded, severely injuring/killing you, but Microsoft claims in court that your family can't sue because you once had a 14 day Game Pass free trial.


more like you agreed to the terms and conditions of microsoft word.
Posted by Weekend Warrior79
Member since Aug 2014
21758 posts
Posted on 8/15/24 at 10:40 am to
quote:

And honestly restaurants need to start informing customers with allergies that they may not always be able to ensure complete safety that way they aren't liable. I'm sure they would get sued at some point for refusing to serve someone, but ideally that is easy to get tossed out when it was pretty much "yeah we can serve them, we just can't promise no possible contamination."

Should they just put it in some fine print on the menu and say that by ordering and consuming the food you would agree to arbitration?
Posted by Weekend Warrior79
Member since Aug 2014
21758 posts
Posted on 8/15/24 at 10:46 am to
quote:

Hopefully whatever court sees this sees the absurdity of this case and sides against Disney

If the way I am reading this is correct (dangerous assumption that the facts are accurate and I'm reading it correctly), Disney just trying to get this out of the courts and into their system so they can control/limit the information made public? If this is truly the angle Disney is going with, I could see the court's partially siding with Disney and agreeing to try to have this case arbitrated/mediated within a certain time frame. In my very limited experience, if the parties are truly interested in settlement the court's will do whatever they can in their power to give both sides some leeway to try to get it off of their docket.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79453 posts
Posted on 8/15/24 at 1:15 pm to
nah, they know they’ll get a better deal in the end with arbitration than in front of a jury.

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