Attorneys for Disney World are seeking to dismiss a wrongful death lawsuit brought by a husband over the death of his wife last year. The lawsuit claims that the wife, a medical doctor from New York, died as a result of an allergic reaction while dining at a Disney Springs restaurant in Walt Disney World Resort. The husband alleges that the wait staff assured them that the meal was allergen-free, but she suffered a severe allergic reaction and died later that day.
The husband is suing Disney for damages exceeding $50,000, but Disney is arguing that the case should be dismissed because the husband agreed to settle any disputes with the company through arbitration when he signed up for Disney+ in 2019 and purchased Disney theme park tickets in 2023. Disney’s terms of use state that users agree to arbitration for all disputes with the company and its affiliates.
Legal experts have criticized Disney’s argument, calling it a “big legal stretch”. They believe that consumers doing a free trial for Disney+ would not think they are signing away rights related to a theme park. The consequences of such a ruling could be catastrophic for the average consumer, as big conglomerates have the potential to expand their power over consumers.
A hearing for the case is scheduled for October 2, 2024. The husband’s lawyers argue that he agreed to the terms on his own behalf, not on behalf of his wife or her estate. They hope that “rational minds will prevail” in the case.
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