Disney Stupid Lawsuit Arbitration Clause (Public Board)

by FSK, Friday, August 16, 2024, 02:23 (345 days ago)

This story was really offensive. A woman had a peanut allergy, said she had a peanut allergy. She ate in a restaurant in a Disney resort that advertised it as allergy-safe. They messed up her food, she got sick and died.

Now her estate is suing Disney. But she signed up for a Disney+ one month trial. The EULA had a contract that said "I agree to arbitrate all disputes with Disney." Now Disney is demanding that her wrongful death claim be arbitrated instead of a lawsuit.

This is obviously a nonsense outcome. No rational person would expect an EULA for a streaming service means they can be killed in a restaurant. If Disney owned only a streaming service, it wouldn't matter, but Disney is a mega-conglomerate with many businesses.

Arbitration is a ripoff. If an arbitrator gives the "wrong" decision, they're removed from the pool for future arbitrations. Courts also almost never overturn arbitrator decisions. If the arbitrator awards damages of $2M, that doesn't matter that a jury might have awarded $100M.

The reason is that a customer deals with the arbitrator once, but the arbitrator wants future business from mega-corporations. An arbitrator isn't going to give up his arbitration business just to help some victim.

Disney Stupid Lawsuit Arbitration Clause

by JoFrance, Friday, August 16, 2024, 18:25 (344 days ago) @ FSK

A wrongful death case should never be arbitrated. Arbitration is mainly used for contract disputes and the like. This really isn't a dispute, its a wrongful death case and should not be allowed to be arbitrated. I hope her estate pursues a real lawsuit despite what Disney wants.

I'm sure Disney+ has that EULA in their free trial because they've gotten sued many times in the past.

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They're just trying it on

by ,ndo, No refunds or exchanges! Fullstop!, Saturday, August 17, 2024, 01:51 (344 days ago) @ JoFrance

They're just trying it on. If they get away with it, bonus! Some individuals are gullible enough to let them. Otherwise, nothing lost, just go through the normal process.

Same thing happened to a mate of mine many years ago, on a smaller scale. He was involved in a collision in a car park, and the other bloke's insurance company was chasing my mate for failing to give way. I told my mate they were just trying it on, there are no road rules on private property, tell 'em to [something].

Unfortunately in the US, Disney might find an agreeable court.

But what Jo said is right. EULAs come under contract law. Wrongful death is a tort. Contract disputes are heard in a court of law[1] while tort claims are heard in a court of equity. No lawyer would even try to conflate the two and no judge would entertain it. In a rational world.

[1] Yes the word "law" is used in two senses. Law (broader) is divided into law (narrower) and equity.

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