Wrongful Death Lawsuit and Disney's Scary Attempt

[Chi84]

I see. At any rate, a settlement and avoiding this loophole that is ugly to all is still far more costly in the long run.

"While no fault in this circumstance, an opportunity going forward is to ensure that our third-party training prevents such incidents from happening."

Not doing something akin to that made it a lot harder for both Lawyer's and PR teams to make this go away now.

It could be the training and policies were perfect and the server or chef didn’t follow them or made a mistake.

Nothing can stop all injuries from occurring. Human error can always happen.

In that case, tort law makes the employer liable for the actions of the employee. The parties are disputing Disney’s role in hiring, but I strongly suspect Raglan is the employer.

 

[flynnibus]

It’s not “their” forced arbitration clauses. They’re everywhere these days. People just don’t read what they’re agreeing to when they accept terms and conditions.

Should be something that isn’t forced though. When someone can’t negotiate it nor have any option but yes or not participate at all… that’s forced in my book. Just commentary…

 

[Chi84]

Should be something that isn’t forced though. When someone can’t negotiate it nor have any option but yes or not participate at all… that’s forced in my book. Just commentary…

I agree.

 

[TrainsOfDisney]

google “Disney allergy” and this story is the top several hits.

 

[JoeCamel]

So if there were no lawyers, people would settle their differences in a diplomatic and sympathetic way? Interesting theory.

We should go back to the old "might makes right" way of settling differences? Which sometimes still exists in a different form, but at least we - as individuals- don't have to fight to the death over a property dispute, etc.

Duels we need to bring back duels.
Short, decisive and lasting consequences

 

[DisneyCane]

So if you signed up for an X account a year or two ago, and a few years from now your auto-driving Tesla malfunctions and kills your wife and children, you think you should be forced into arbitration because of some silly T&C you agreed to by creating a long-defunct X (formerly Twitter) account?

The analogy doesn't really work because X and Tesla are completely separate companies. Agreeing to Twitter/X TOS can not bind you to anything with respect to Tesla.

Should be something that isn’t forced though. When someone can’t negotiate it nor have any option but yes or not participate at all… that’s forced in my book. Just commentary…

The option is not to participate. We all have a choice, if we don't want to agree to Disney's one sided Terms and Conditions we can elect not to enter their parks or consume their content.

 

[flynnibus]

The option is not to participate. We all have a choice, if we don't want to agree to Disney's one sided Terms and Conditions we can elect not to enter their parks or consume their content.

Which is what i said…. But my comment is still the same… it’s not really a two party —agreement— IMHO in that situation. It’s a mandate

 

[TalkToEthan]

I trust, more or less, that I won’t plummet to my death on Skyliner and I trust when I board a plane to Tokyo I’ll arrive safely


But If my biochemistry had a serious deficiency ——a deficiency of processing an extremely common item like dairy which could be fatal—— there is no way I would trust communication and dairy free equipment at a restaurant. Dairy is too ubiquitous and communication breakdown happens too often to entrust my life with an unknown restaurant staff with multiple people who have to fill the order, not to mention the equipment might have residual dairy product.

……just too many ways something can go wrong. No big deal for me if the risk is temporary sickness. But if I knew the risk were death then NO WAY am I dining out the way Piccolo did.

 

[TrainsOfDisney]

not to mention the equipment might have residual dairy product

Residual product, most likely, would not have resulted in someone’s death in this case.

But if I knew the risk were death

It’s a stretch and I know it - but food that is not properly stored and prepared could kill you at any restaurant. Anything in life is a risk.

then NO WAY am I dining out the way Piccolo did.

Would you never go to a restaurant? Do you think those with severe allergies shouldn’t in general?

 

[The Mom]

And those attorney's do not work for free either.

He was asking only for 50,000 money-wise according to the article.

Again, that is the minimum that must be requested for the case to be heard in an upper court because lower courts have that as their maximum. It will undoubtedly be a much higher amount in the future.

 

[Lilofan]

Residual product, most likely, would not have resulted in someone’s death in this case.

It’s a stretch and I know it - but food that is not properly stored and prepared could kill you at any restaurant. Anything in life is a risk.

Would you never go to a restaurant? Do you think those with severe allergies shouldn’t in general?

Severe allergies that could cause death ? - No, I would not go out to a restaurant.

 

[TalkToEthan]

Would you never go to a restaurant? Do you think those with severe allergies shouldn’t in general?

if I knew I had an extreme food allergy …..so extreme that death/coma/immobility was likely then absolutely no way I’m dining out.

if my allergy typically left me with something like rashes or nausea or stomach pain then I’d be far more inclined to dine out.

 

[Lilofan]

Duels we need to bring back duels.
Short, decisive and lasting consequences

A more peaceful way to settle - 2 out of 3 , rock, paper , scissors .

 

[celluloid]

Again, that is the minimum that must be requested for the case to be heard in an upper court because lower courts have that as their maximum. It will undoubtedly be a much higher amount in the future.

This was addressed at me already and clarified. ;-D


It will be interesting to see who is decided at what range of culpable.

 

[Tha Realest]

We should go back to the old "might makes right" way of settling differences? Which sometimes still exists in a different form, but at least we - as individuals- don't have to fight to the death over a property dispute, etc.

The “timeout” rules for the site make so much more sense now…

 

[UNCgolf]

Which is what i said…. But my comment is still the same… it’s not really a two party —agreement— IMHO in that situation. It’s a mandate

It's called an adhesion contract.

They're still enforceable, but they're generally looked at with a bit more skepticism and have a higher potential for an unconscionability finding.

 

[flynnibus]

Story about others flexing similar strategies…,

Disney’s not alone in saying your clicks means you can’t sue | CNN Politics

Every day, consumers may be unknowingly signing away their rights to sue companies – such as online retail platforms, gig economy apps, and streaming services – even if the claims have no relation to the service a person signed up for.

amp.cnn.com

 

[drizgirl]

Story about others flexing similar strategies…,

Disney’s not alone in saying your clicks means you can’t sue | CNN Politics

Every day, consumers may be unknowingly signing away their rights to sue companies – such as online retail platforms, gig economy apps, and streaming services – even if the claims have no relation to the service a person signed up for.

amp.cnn.com

"All the other kids are doing it!"

 

[TalkToEthan]

I doubt the plaintiff has had to pay his lawyer anything so far.

I’d go much further than you:

I could see a lawyer conga line similar to the one in City Walk with the opening of Diagon looking to land Piccolo for a client.

 

[Smiley/OCD]

And those attorney's do not work for free either.

He was asking only for 50,000 money-wise according to the article.

He’s not asking for 50k…in Florida, that’s the dollar threshold to move it into a major lawsuit…