Disney/Raglan Road Sued Over Food Allergy Death

[MickeyLuv'r]

Not to downplay this, but this happens hundreds of times a year. It only gets the widespread attention because it's Disney.

I tried to find a factual answer to this comment: how common are allergy fatalities per year, and I had to do some digging. Fatalities are fairly rare. Most of the allergy organizations talk about the risk of fatality, but did not give any statistics. Hospitalizations for allergic exposures are common, but fatalities are, thankfully, somewhat rare.

Up to 5% of the US population has suffered anaphylaxis. Fatal outcome is rare, such that even for people with known venom or food allergy, fatal anaphylaxis constitutes less than 1% of total mortality risk. - This is from a study by NIH. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5589409/
The NIH study combines all deaths from anaphylaxis which can occur from a variety of sources such as: venom, drug reactions, insects and food.

Recently another fatality was also widely reported due to cookies that were mislabeled: https://abcnews.go.com/US/stew-leonards-peanut-cookies-death/story?id=106679296

 

[MickeyLuv'r]

The point is we don't see top headlines on major news sites every time someone dies due to allergies after dining out. Only when it's at Disney.

that is incorrect. Unless you mean this discussion forum only mentions them when they occur at Disney. This forum is focused on events that involve Disney, but the story I posted in my prior post was fairly widely reported.

 

[Wendy Pleakley]

that is incorrect. Unless you mean this discussion forum only mentions them when they occur at Disney. This forum is focused on events that involve Disney, but the story I posted in my prior post was fairly widely reported.

This story was front page news on major news sites, because Disney.

I don't see daily headlines when someone dies due to food allergies at a restaurant.

Not saying it never happens, but I highly doubt this would have made the news to the same degree if it were some random restaurant in Ohio.

 

[Tony the Tigger]

Why go ahead and eat something you had to question? The part about the guarantee about being allergen free does not ring true. Nowhere that I have eaten with a family member with a severe food allergy is ever willing to say that.

We just had a server at WDW trying to tell my type 1 diabetic husband a dessert was sugar-free/no sugar added because it was “plant-based.” We passed on that dessert.

 

[JIMINYCR]

Disney has deeper pockets the Raglan.

Yeah. I expect the attorneys will be filing lawsuits for everyone possibly connected in any way to this and see what money will appear. Disney gets lawsuits all the time. Most are ridiculous things from people looking for an easy pay day. Disneys usual response to lawsuits that get brought is to settle quietly unless they have a way to show the suit is frivolous.

 

[Tony the Tigger]

Dairy in the onion rings batter? Where would the nuts have come from? Oils?

 

[lazyboy97o]

This story was front page news on major news sites, because Disney.

I don't see daily headlines when someone dies due to food allergies at a restaurant.

Not saying it never happens, but I highly doubt this would have made the news to the same degree if it were some random restaurant in Ohio.

We’re talking about something that at most might be happening once a week across the entire US. Anaphylaxis due to all causes doesn’t even cause a daily death in the US.

 

[Lilofan]

Dairy in the onion rings batter? Where would the nuts have come from?

NY Post states that RR mgr advised batter is made with dairy unless the guests requests batter to be vegan. It is sad that the fried food that the late doctor ate at RR was probably the batter made with dairy.

 

[Weather_Lady]

The scope of Disney's liability will depend, foremost, on the terms of the lease. Presumably, the lease has a standard "hold harmless" provision requiring the tenant to indemnify Disney with respect to any liability for damages caused by the tenant's negligence, but unless or until we actually know what it says, any arguments about liability are purely speculative.

My guess is that unless there's some as-yet-undisclosed fact that points to the fault lying elsewhere (e.g., the victim ate something else after leaving Raglan Road), this suit will get settled long before trial, and we won't hear much about it again.

 

[lazyboy97o]

Here is the actual complaint.

https://myeclerk.myorangeclerk.com/DocView/Doc?eCode=qljP6Z5dKgRjd21jcnnMjZwRLG%2BVp8BRx6992xJSn25VTi%2Bzmv3gfbTrxwBj9sK1Qhw5vGfHE0qhkPBKuaFb4ebt3g7T3IB%2FVNn6hotZDeMCeL45UvsOqNjkJkRaZIpbwWIG4lzYzRN1cmCwMXUDIQ%3D%3D

 

[Weather_Lady]

I also wonder if that's a reason they're suing Disney, who is a landlord in this case. They don't run the restaurant. Get media attention as a means to an end.

If that's what it takes for them to be taken seriously and get a fair settlement, more power to them. Unfortunately, that's often the way the system works.

 

[Lilofan]

The scope of Disney's liability will depend, foremost, on the terms of the lease. Presumably, the lease has a standard "hold harmless" provision requiring the tenant to indemnify Disney with respect to any liability for damages caused by the tenant's negligence, but unless or until we actually know what it says, any arguments about liability are purely speculative.

My guess is that unless there's some as-yet-undisclosed fact that points to the fault lying elsewhere (e.g., the victim ate something else after leaving Raglan Road), this suit will get settled long before trial, and we won't hear much about it again.

Disney had learned their lesson going to trial. Two guys sued saying ESPN at WDW was their idea. Disney took them to court and Disney lost. CEO Eisner was even put on the stand to testify. The men were awarded $240M.

 

[Smiley/OCD]

December’22 we had dinner at Homecoming with my aunt & uncle…(aunt has severe allergies to sulfides)…Restaurant manager AND head chef came to our table and went over EVERY item she was interested in order to make absolutely sure it was safe for her to consume. My wife & I were very impressed and appreciative to the care and concern that had for my aunt…thankfully dinner went off without a hitch and we had an excellent dinner!

 

[Wendy Pleakley]

If that's what it takes for them to be taken seriously and get a fair settlement, more power to them. Unfortunately, that's often the way the system works.

It could also backfire.

If they're seen as suing a party (Disney) who was not directly responsible, it could make it look like they're focused on money rather than justice from the actual guilty party.

 

[Weather_Lady]

It could also backfire.

If they're seen as suing a party (Disney) who was not directly responsible, it could make it look like they're focused on money rather than justice from the actual guilty party.

I suppose, but it's just good legal strategy to name every party who could possibly be liable in any plausible way in the complaint, and then winnow it down during discovery. Otherwise, if you omit a party that turns out later, when all the facts come out, to have played a role, the statute of limitations may have already run.

 

[Wendy Pleakley]

I suppose, but it's just good legal strategy to name every party who could possibly be liable in any plausible way in the complaint, and then winnow it down during discovery. Otherwise, if you omit a party that turns out later, when all the facts come out, to have played a role, the statute of limitations may have already run.

Fair point. I am curious to find out if Disney is ultimately liable in any way and to what degree.

I'm still skeptical because blaming a landlord for the actions of their tenant opens up a whole can of worms.

 

[Smiley/OCD]

It could also backfire.

If they're seen as suing a party (Disney) who was not directly responsible, it could make it look like they're focused on money rather than justice from the actual guilty party.

When you file a lawsuit, you include ANY party that MIGHT have even a 1% vested interest…the jury or judge will assign any liability to the named parties.
It’s much easier to EXCLUDE than INCLUDE when you file…

 

[Vegas Disney Fan]

Wouldn’t the contract between Disney and the restaurant have language limiting any liability for Disney as a result of Raglans negligence?

 

[Figgy1]

Wouldn’t the contract between Disney and the restaurant have language limiting any liability for Disney as a result of Raglans negligence?

Depending on wording, jurisdiction and circumstance such wording may be golden or worthless

 

[Ayla]

Dairy in the onion rings batter? Where would the nuts have come from? Oils?

Some places dredge the onion rings in buttermilk before they are coated. I don't know if Raglan Road does that, just saying how it possibly could happen.