Wrongful Death Lawsuit and Disney's Scary Attempt

[TalkToEthan]

. I don't think you get to say something isn't fair, or unreasonable when you had a chance to read about it, make a choice if you thought it was fair….

….most people lack the legal sophistication to navigate contract law. You know this(or should know it).

Unless one hermitizes/pulls some “off the grid” existence US culture more or less requires participation in these “agreements”—— you best be a “box checker” if you want to eat US societal fruits.

The system is inherently flawed(unfair) and yet you chastise folk——dismissing them as stupid and/or lazy. And that ain’t right

 

[tallica]

Public opinion

 

[Chi84]

View attachment 810611
Public opinion

Certainly an articulate take on the matter.

 

[Squishy]

 

[Overlordkitty]

They knew they lost the PR fight

 

[TrainsOfDisney]

Quote should read “we strive to put humanity above all other considerations when we get caught showing how cold and heartless we can be”

 

[Chi84]

They knew they lost the PR fight

I think someone in the legal department went rogue. This never made any sense.

 

[JoeCamel]

I think someone in the legal department went rogue. This never made any sense.

Have they posted the job listing yet?

 

[Tha Realest]

I have to guess he’s demanding a lot. But I agree - you’re correct that the bad press has likely gotten people very very high up to have their attorneys call their attorneys and tell them to make this go away

The "expedite a resolution for the family“ quote is very telling. It either means they tactically retreat from this arbitration attempt and will keep fighting on other terms, or they’re opening the checkbook and making this go away quickly.

 

[Tha Realest]

oh look, the silliest person in DisTwitter replied:

 

[Chi84]

The "expedite a resolution for the family“ quote is very telling. It either means they tactically retreat from this arbitration attempt and will keep fighting on other terms, or they’re opening the checkbook and making this go away quickly.

Well I expect some sort of discovery will have to happen in order to ascertain the extent of their liability.

 

[Club Cooloholic]

I think someone in the legal department went rogue. This never made any sense.

I thought you said this was standard practice?

Listen if the public had not been "over dramatic" that executive would not responded he did. What's interesting in that release is that Disney is trying to act magnanimous and say that they are waving their right to arbitration, meaning, they might try it again, they are just choosing to not try it with this case.

 

[Fido Chuckwagon]

Whoopsie Doodle:

https://www.cnn.com/2024/08/19/business/disney-arbitration-wrongful-death-lawsuit-intl-hnk/index.html

(Disney reverses course)

 

[Lilofan]

Whoopsie Doodle:

https://www.cnn.com/2024/08/19/business/disney-arbitration-wrongful-death-lawsuit-intl-hnk/index.html

(Disney reverses course)

For the next incident when the consumer needs to go through arbitration the consumer who agreed to company terms may say

“ But look how the company reversed course with the Raglan Road incident …”

“ You did it for them you need to do it for me .”

 

[Smiley/OCD]

I think someone in the legal department went rogue. This never made any sense.L

Maybe instead of reading the “fine print”, they read the “writing on the wall”…

 

[Ice Gator]

oh look, the silliest person in DisTwitter replied:

View attachment 810669

Is this idiot actually defending Disney here?

 

[Overlordkitty]

I thought you said this was standard practice?

Listen if the public had not been "over dramatic" that executive would not responded he did. What's interesting in that release is that Disney is trying to act magnanimous and say that they are waving their right to arbitration, meaning, they might try it again, they are just choosing to not try it with this case.

My guess is this is a legal argument that they want to test. They chose the wrong case. A broken ankle tripping in Disney Springs, better time to test. An allergy related death when Disney prides itself on its allergen procedures, even when its not a Disney restaurant, is just a bad public image.

Disney knew better, or should have known better.

 

[Chi84]

I thought you said this was standard practice?

This is what I said:

Generally, standard practice in a tort case is to file suit against all parties who may be liable and allege all viable theories.

"Viable" is an important word in that context, as is the word "generally." I was addressing the procedure, not the merits.

I wouldn’t go as far as sanctions, but after taking the time to read Disney’s motion and the plaintiff’s response, I’m surprised Disney filed it.

I can’t see any judge ruling that the parties agreed to arbitrate disputes other than those arising from the streaming service. The MDE website terms and conditions (where the ticket was purchased) do not even contain an arbitration provision. There’s more, but too detailed to go into here.

In short, I have no idea what Disney was thinking.

I doubt any judge is going to find this lawsuit within the scope of the arbitration agreement in the Disney+ subscriber terms. It's so far a reach that there almost has to be another reason Disney is filing this motion.

 

[HauntedPirate]

Is this idiot actually defending Disney here?

Yes, yes he is. He's a lawyer, according to his Twitter bio. And arguably the biggest Disney shill on the planet.

 

[Lilofan]

Maybe instead of reading the “fine print”, they read the “writing on the wall”…

With the assistance of social media it did help the writing on the wall. So the next time a fatal incident happens of this nature , someone may say " you did it for them then you need to do it for me, to heck with whatever I agreed to in regards to the terms. ".