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Disney+ terms prevent allergy death lawsuit, Disney says (www.bbc.com)

submitted 3 months ago by smeg@feddit.uk to c/nottheonion@lemmy.world

34 comments fedilink hide all child comments

Disney World is arguing a man cannot sue it over the death of his wife because of terms he signed up to in a free trial of Disney+.

It says Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019.

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[–] BlackEco@lemmy.blackeco.com 37 points 3 months ago (1 children)

Apparently the same clause is in the Disney account terms used to buy the tickets to the park

Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

Which would hold more water than the clause in the Disney+ terms (that articles on the subject focus on way too much just for clickbait)

Jibreel Tramboo, barrister at Church Court Chambers, says the terms in the Disney+ trial are a "weak argument for Disney to rely on".

However, he says, the clause in the ticket purchase from 2023 may be a stronger case, "as there is a similar arbitration clause".

But anyway, it's really insensitive from Disney to try to arbitrate such a tragic incident.

[–] Die4Ever@programming.dev 31 points 3 months ago* (last edited 3 months ago) (1 children)

used to buy the tickets to the park

the restaurant was not in a ticketed park, it was in Disney Springs which is a freely accessible public area

https://longisland.news12.com/disney-asks-court-to-dismiss-wrongful-death-lawsuit-of-long-island-doctor

https://maps.app.goo.gl/2HeE7BypniAENg1M6

[–] BlackEco@lemmy.blackeco.com 7 points 3 months ago

Oh, I wasn't aware of this since the BBC article does not mention it. Then Disney's attempt to arbitrate based on the account terms barely holds water.