Disney/Raglan Road Sued Over Food Allergy Death

BrianLo

Well-Known Member
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.

It is indeed quite rare. I’ve never seen mortality from anaphylaxis and it adjacently happened once to my knowledge during University. Probably the first and last time anyone at that site will see it occur.

Usually it only occurs when someone tries to hide their reaction or goes to a bathroom alone.

Though ‘Disney’ is putting it extra into the national headlines, it is indeed a headline. It made the news in the case I was aware of as well.
 

NelleBelle

Well-Known Member
My close work friend is severely allergic to peanuts. We regularly ordered from a Thai place that didn’t use peanut oil and she had no issues…until someone ordered from a new place and didn’t tell us. When she took a bite, within minutes her throat started to close up. We work in a trauma center and we were in the 9th floor and the ERA on the 1st. From the time we got her into the elevator and got to the ER, she was in respiratory arrest and needed a tracheostomy. Had she not been in a hospital, she most certainly would have died from her reaction. So it is quite unfortunate that this poor woman had the reaction she did and died as a result. While uncommon, it does happen.
 

LeighM

Well-Known Member
This has nothing to do with food allergies but a neighbor of mine died from anaphylaxis due to yellow jacket bites. Despite using multi Epi Pens, a fast 911 response, and the medical helicopter airlifting him to the hospital, he still died. Sometimes the Epi-Pen just isn't enough for an extremely severe reaction. Food allergies scare me and I try to keep Benadryl on me at all times after my Mom had a sudden allergic reaction to shrimp that caused her lips and tongue start to swell. She had eaten shrimp and seafood all of her life and then one day in her 50s she had a reaction. Luckily, it wasn't worse than it was. But food allergies can present in very strange ways. I feel sorry for the victim and her family because they did everything they could do. A friend of mine has a child with a severe peanut allergy and she couldn't even sit with her friends at school lunch because they could only guarantee the surface of one lunch table as safe for her to use.
 

Tom P.

Well-Known Member
Original Poster
The headline is slightly misleading. Disney isn't claiming that arbitration is required solely because the plaintiff signed up for a free trial of Disney+. It is also because of the terms they agreed to when they created a MyDisney account and purchased tickets to Epcot. So it's not *quite* as patently absurd as the news story makes it out to be.

Still, I think it's a nonsense argument. Even if the arbitration provisions of the MyDisney agreement are valid, that was for tickets to Epcot. The person died after eating at a restaurant in Disney Springs. You need neither a ticket nor the app to visit and dine at Disney Springs. Thus, there is no reasonable way to argue that the terms of service you must agree to in order to go to Epcot would apply to going to Disney Springs.
 

jme

Well-Known Member
It is also because of the terms they agreed to when they created a MyDisney account and purchased tickets to Epcot. So it's not *quite* as patently absurd as the news story makes it out to be.

Except she didn't even get to go to Epcot, because she died the day prior to their planned visit to that park.

Someone should have stopped this from ever being argued in a motion. The bad publicity coming out of this should have been anticipated.
Yes. They also should have stopped this from being a clause entirely.
 

Chi84

Premium Member
Except she didn't even get to go to Epcot, because she died the day prior to their planned visit to that park.


Yes. They also should have stopped this from being a clause entirely.
I don't believe MDE has an arbitration clause; they're tying it to language going back to the Disney+ subscription. It's hard to know what Disney is going for here.
 

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