Be careful what you watch
An international visitor to Disneyworld, “Kanokporn Tangsuan – Piccolo” had dinner after a busy day in the Magic Kingdon. “Kanok” who was allergic to nuts and dairy, dined at Raglan Road Irish Pub, in the resort’s Disney Springs shopping, dining and entertainment complex in Florida. While there she experienced a severe allergic reaction and died. In February, Jeffrey Piccolo “Kanok’s husband” sued Walt Disney Parks and Resorts over the death of his wife at a restaurant at Walt Disney World. When they told the waiter Kanok had severe allergies to dairy and nuts, she was “unequivocally assured” the food would be allergen-free, according to the lawsuit. When the orders of broccoli and corn fritter, scallops and onion rings arrived, they did not have allergen-free flags so Piccolo and Kanok inquired again if the food was allergen-free and were told the dishes were safe for Kanok to eat. About 45 minutes later while shopping alone at a nearby store, Kanok had a severe allergic reaction. She administered an EpiPen to herself, but began having difficulty breathing and collapsed. She was taken to the hospital where she later died. The medical examiner determined her death was the result of anaphylaxis “due to elevated levels of dairy and nuts in her system.”
In a legal filing, lawyers for Walt Disney Parks and Resorts said the matter should be referred to an outside arbitrator because when Piccolo signed up for a Disney+ account in 2019 and when he bought tickets to EPCOT on the Disney website in 2023, he agreed to arbitrate all disputes against the company. Piccolo’s lawyers countered that he never signed an agreement with Walt Disney Parks. Even if he had, they said the terms and conditions would not extend to his wife. “Disney is deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.” The Raglan Road Irish Pub, located at the resort, did not immediately respond to a request for comment. In court papers, Disney described its relationship with the restaurant as a landlord.
Are consumers unwittingly signing away their legal rights when they sign up for a streaming service? Quite possibly. “Sadly, Disney could very well have a viable argument here,” UB professor Christine Bartholomew said. “The Supreme Court has, time and again, treated these arbitration provisions as binding. It doesn’t matter if it’s in fine, teeny tiny print in the terms of conditions.” Every day, we blindly click “I agree” when we sign up for a service or buy tickets. But what’s in that fine print can cause harm. “As it currently stands, a forced arbitration provision in the terms and conditions of the sale or service can bind parties.” “Even if the consumer didn’t read the terms. Even if the consumer didn’t understand the consequences.” Including mandatory arbitration clauses in contracts is a common legal tactic to avoid class action lawsuits and large damages awards. “Almost no one reads these contracts, but the courts still enforce them,” University of Maryland law professor Jeff Sovern said. Consumers don’t sign away all of their rights in these contracts, but they sign away a lot, including the constitutional right to a jury trial and their day in court. “Congress has limited the use of arbitration clauses in some transactions but not enough, in my view,” he said. The Picolo trial is scheduled for October 2nd.
Villainous Disney
I just unsubscribed from Disney+
I feel marveless.
Which Disney princess would be the best judge?
Snow White, because she’s the Fairest One of All.
Which Disney Princess is always on dating apps?
Tinderella.
Did you hear about the new Hispanic Disney princess?
Her name is Taco Belle.
Did you hear about the new Disney FastPass?
Skip the lines, go straight to the ICU.
August 19th Birthdays
1953 – Mary Matalin, 1965 – Kyra Sedgwick, 1984 – Tammin Sursak, 1986 – Christina Perri
1964 – John Stamos, 1985 – Simon Byrd, 1989 – Kirk Cousins, 1942 – Fred Thompson