Well, this is maybe the most evil corporation thing we’ve seen in a long time. No other word for it.
A man named Jeffrey Piccolo filed a wrongful death suit last year against Disney after his wife died in their Orlando, Florida park. Piccolo argues he and his wife, Dr. Kanokporn Tangsuan, told the staff at one of Disney World‘s restaurants repeatedly about her severe allergies to dairy and nuts. They made the couple believe their meal was safe — and it wasn’t. Kanokporn went to the hospital after eating the food and died within hours. The medical examiner confirmed her death was “a result of anaphylaxis due to elevated levels of dairy and nut in her system.”
Piccolo is suing for $50,000 plus legal costs, a drop in the bucket for Disney, one of the biggest corporations in the world. But they do NOT want to pay it. Their lawyers are trying to get the whole suit thrown out. All because Jeff signed up for a one-month free trial of Disney+ back in 2019.
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Disney’s argument? When the grieving widower signed up to watch The Mandalorian Season 1 and a large back catalog of family films, he agreed to the company’s terms of use. You know, that long legal jargon you have to check off before doing basically anything electronic? The stuff no one reads? Well, that includes an agreement to settle any disputes with the company via arbitration, not lawsuit. Disney’s lawyers argue even though this wrongful death has nothing to do with the streaming arm of the company, it protects them from any and all lawsuits for any reason. They add that he used his Disney account to purchase his Disney World tickets, accepting the terms of use again.
This sounds like something a Disney VILLAIN might do, but it’s true! They’re trying to avoid compensating this man over the death of his wife with what amounts to a legal trap — one you’ve probably fallen into yourself! If it works, that little loophole could save them from A LOT of legal trouble down the line. We mean, who hasn’t signed up for Disney+, even just a free month. Have you? Because now they’ll be able to rip you off, take your money, even kill you with cashews and you won’t be allowed to do anything! Scary!
Maybe the slimiest corporate move we’ve ever heard of. And over what?? Hell, they must spend more than $50k every month trying to advertise what a great, fun, wholesome brand they are. And this is the hill they’ll die on? Or kill on, as it happens?
Piccolo’s attorneys are actually shocked, saying in their latest legal filing, obtained by the BBC, that Disney’s argument “borders on the surreal.” They write that the Mouse House’s whole case “is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial.”
But will it work?
The BBC spoke with legal experts about the shocking case. Ernest Aduwa, partner at Stokoe Partnership Solicitors, emphasized what a big deal this would be:
“Disney is pushing the envelope of contract law. The courts will have to consider, on balance, if the arbitration clause in a contract for a streaming service can really be applied to as serious an allegation of wrongful death through negligence at a theme park. Disney’s argument that accepting their terms and conditions for one product covers all interactions with that company is novel and potentially far reaching.”
Jamie Cartwright, partner at law firm Charles Russell Speechlys, explained their goal of arbitration is to sweep things like wrongful death under the rug:
“Disney understandably may want to benefit from the privacy and confidentiality that arbitration brings, rather than having a wrongful death suit heard in public with the associated publicity.”
Yeah, you wouldn’t want bad publicity… like, the type that would come from trying to throw out a wrongful death suit over a free trial of Disney+??
We can’t imagine it could work. After all, there has to be some level of common sense involved. How could a reasonable person expect terms of service related to a streaming service possibly affect their legal rights related to eating in a restaurant four years later? Right?? Then again, Disney has some powerful lawyers… We guess we’ll have to see if the bad guys win in real life…
[Image via MEGA/WENN.]
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