It’s often rumored that nobody dies at Disney World, but unfortunately, the worst can happen even at the most magical place on earth. Walt Disney World is currently facing a wrongful death lawsuit after a woman died following a meal at a Disney Springs restaurant. Disney, however, is attempting to get removed from the lawsuit by citing the terms of service for both the Disney World app and Disney+.
The current Terms of Service for Disney+ stipulate that any dispute must be handled through arbitration rather than through a lawsuit. Since Disney owns both Disney+ and Walt Disney World, they argue that a Disney+ subscription binds users to terms that prevent them from suing over incidents that occur during visits to Walt Disney World. This argument was reported by Florida Politics and is based on the overlap between the two services’ terms.
Attorney Brian Denney, representing the family of Kanokporn Tangsuan, is quoted as saying that they will vigorously fight this “novel motion.” Tangsuan tragically died in October from anaphylaxis after dining at Raglan Road Pub and Irish Restaurant in Disney Springs. Her family had informed the restaurant of her severe food allergies and checked the menu for allergens in advance. Despite these precautions, Tangsuan collapsed and died shortly after the meal.
Understanding Disney’s Legal Strategy
Disney’s strategy to use the Disney+ Terms of Service as a defense for an incident in their theme park is certainly interesting. It raises questions about the agreements we all enter into when signing up for digital services or apps, especially those owned by large companies with multiple entertainment ventures.
Disney has been making broader moves to shift legal disputes toward arbitration. Following lawsuits over changes to annual pass systems at Disneyland and Walt Disney World after the pandemic, Disney amended the fine print for purchasing or renewing passes to require arbitration for any disputes. Disneyland eventually settled a class action suit over these changes for over $9 million.
If the court sides with Disney and dismisses the lawsuit in favor of arbitration, it could set a precedent for future legal disputes involving Disney’s various products. Even if Disney is successful in getting itself removed from this particular lawsuit, the case against Raglan Road Pub will still proceed since Disney does not own the establishment.
What Visitors Should Know
This case highlights the importance of understanding the terms of service for the digital services and apps we use, especially those connected to larger corporations. For visitors to Walt Disney World, it’s crucial to be aware of how these terms might impact their legal rights.
As Disney continues to integrate its various services, the overlap in terms and conditions could affect how disputes are resolved. This case may lead to increased scrutiny of such terms and push for clearer distinctions between different services.
While Disney’s use of arbitration clauses is not unique, its application in this context is unusual. The outcome of this case could influence how companies use similar strategies in the future.
In the meantime, the family of Kanokporn Tangsuan continues to seek justice for her tragic death. Their battle against this legal motion will be closely watched, not only by those involved but by others who may face similar situations.
Source: Cinema Blend