Disney has finally given some statement in regards to their argument that their terms of service for Disney+ and their apps mean they can’t be sued over the tragic death of a doctor in Disney Springs.
Last October, 42-year-old Kanokporn Tangsuan passed away after eating at the Raglan Road restaurant in Disney Springs. Her death is reportedly due to a food allergy. Her husband, Jeffrey Piccolo, is suing the restaurant owners and the Walt Disney Company over her death.
The news of the tragedy and the lawsuit came out in February 2024.
A month ago, it came out that Disney’s lawyers were arguing that their terms of service for using apps or Disney+ meant that the family had agreed to waive court proceedings and agreed to arbitration in any matter regarding the Walt Disney Company.
Even though it was reported, Disney said nothing. Now that the mainstream media has picked it up and far more people are aware of the situation, Disney has finally made a statement, at least according to The Hollywood Reporter.
THR said Disney responded to them via email late Wednesday night, saying that they were “deeply saddened” and “We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,”
It’s concerning that Disney is using the wording in a terms of service agreement for Disney+ to say you can never sue them to “defend themselves.”
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause. The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’.”
In May, Disney’s lawyers further agreed that it was “immaterial” if someone doesn’t review the terms of service and further argued that agreeing to them means one can only use arbitration to “cover ‘all disputes’ including ‘disputes involving The Walt Disney Company or its affiliates.’”
Many worry that Disney’s lawyers will use this tactic on everyone if allowed to. How can agreeing to use Disney+ mean you can’t sue them for anything ever?
Now that this news has hit the mainstream media, people are concerned about how the terms of service for a streaming service are being used.
Disney also argues that they do not own Raglan Road and are therefore not responsible, which is a much better argument than “you signed our TOS on Disney+ in 2019.”
At this point, Disney should have settled. The PR damage alone was likely more costly than the lawsuit.
What do you think? Comment and let us know.
Source: The Hollywood Reporter
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