While this isn’t news about new technology, I thought it was an interesting look about how predatory EULAs can still hurt us even years later in seemingly unrelated ways
Some key excerpts:
After a doctor suffered a fatal allergic reaction at a Disney World restaurant, Disney is trying to get her widower’s wrongful death lawsuit tossed by pointing to the fine print of a Disney+ trial he signed up for years earlier.
Tangsuan was “highly allergic” to dairy and nuts, and they chose that particular restaurant in part because of its promises about accommodating patrons with food allergies, according to the lawsuit filed in a Florida circuit court.
They allegedly raised the issue upfront, inquired about the safety of specific menu items, had the server confirm with the chef that they could be made allergen-free and asked for confirmation “several more times” after that.
After about 45 minutes, Tangsuan “began having severe difficulty breathing and collapsed to the floor.”
“The medical examiner’s investigation determined that [Tangsuan’s] cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit.
He is seeking more than $50,000 in damages and trial by jury “on all issues so triable.”
In late May, Disney’s lawyers filed a motion asking the circuit court to order Piccolo to arbitrate the case — with them and a neutral third party in private, as opposed to publicly in court — and to pause the legal proceedings in the meantime.
The reason it says Piccolo must be compelled to arbitrate? A clause in the terms and conditions he signed off on when he created a Disney+ account for a month-long trial in 2019.
Disney says Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it adds, is “immaterial.”
“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates’ arising ‘in contract, tort, warranty, statute, regulation, or other legal or equitable basis,’” the motion reads, arguing the language is broad enough to cover Piccolo’s claims.
“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” [Piccolo’s legal team] wrote in the 123-page filing.
They confirmed he did create a Disney+ account on his PlayStation in 2019, but he believes he canceled the subscription during the trial because he hasn’t found any charges associated with it after that point.
“In effect, WDPR is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to with Disney+,” they wrote.
The court has scheduled a hearing on Disney’s motion for October 2.
Is it really possible to sign away a right to sue a company, especially hidden in an EULA? For an unrelated service as well… I guess that’s something the court must decide in the end.
It’s a pity that a company who created so many beloved stories and characters fell so low.
And for a free trial, no less! If this isn’t laughed out of the courtroom and dismissed with prejudice, we’re all screwed.
If Disney’s lawyers think it’s possible, it’s probably possible. And if it’s not, they’ll figure out who to lobby to make sure it is.
Yes it is. It is called “forced arbitration” and pretty much every contract you are compelled to sign has it.
In any kind of just society with a fair legal system it would not be legal. But that doesn’t describe us or our legal system.
Disney
stoleadapted most of those belowed stories and characters.Disney climbed the ladder of public domain and then pulled the ladder up behind themselves.