Wrongful Death Lawsuit and Disney's Scary Attempt

Club Cooloholic

Well-Known Member
Original Poster
Tell us you didn’t read the thread without telling us you didn’t read the thread.
People keep discussing weather Disney should be part of the suit or not, which is neither here nor there. Disney's response to the suit and attempt at getting it thrown out based on a website agreement is the real story. I agree with @Rhinocerous , it absolutely could have been something they were testing to set a precedent, all you need a is judge to see it their way and boom they got it. If the judge doesn't , no harm because they don't really have any liability to worry about.
 

Club Cooloholic

Well-Known Member
Original Poster
In view of the clarifications from our more legally knowledgeable members, I feel embarrassed for having earlier accepted the media’s framing of this. I came across the story in a supposedly reliable source that even included commentary from a lawyer not connected to the case, so I thought I was on pretty solid ground when I posted my initial response yesterday. @Chi84 and others, I appreciate your enlightening posts.
I don't think you said anything wrong, imagine if the judge were to agree with them?
 

lazyboy97o

Well-Known Member
Sorry, I’m not understanding. This is what I was referencing:
Saying the matter should be handled in arbitration is not the same as saying there is no liability.

People keep discussing weather Disney should be part of the suit or not, which is neither here nor there. Disney's response to the suit and attempt at getting it thrown out based on a website agreement is the real story. I agree with @Rhinocerous , it absolutely could have been something they were testing to set a precedent, all you need a is judge to see it their way and boom they got it. If the judge doesn't , no harm because they don't really have any liability to worry about.
Disney is bringing up the website because the plaintiff brought it up first.
 

flynnibus

Premium Member
People keep discussing weather Disney should be part of the suit or not, which is neither here nor there.
WUT? A key premise is Disney doesn't believe they should be part of the suit - It's entirely relevant.

Just as significant as someone trying to sue you because you published someone's menu or policies... but weren't the one who actually created or executed those policies.

Disney's response to the suit and attempt at getting it thrown out based on a website agreement is the real story

Disney isn't attempting to get it 'thrown out' - They were making the argument it should be decided in arbitration instead of in this venue.

Stop reading the headlines and read the actual story before trying to tell people they are missing the story.
 

peter11435

Well-Known Member
People keep discussing weather Disney should be part of the suit or not, which is neither here nor there. Disney's response to the suit and attempt at getting it thrown out based on a website agreement is the real story. I agree with @Rhinocerous , it absolutely could have been something they were testing to set a precedent, all you need a is judge to see it their way and boom they got it. If the judge doesn't , no harm because they don't really have any liability to worry about.
They aren’t trying to get it thrown out
 

Club Cooloholic

Well-Known Member
Original Poster
WUT? A key premise is Disney doesn't believe they should be part of the suit - It's entirely relevant.

Just as significant as someone trying to sue you because you published someone's menu or policies... but weren't the one who actually created or executed those policies.



Disney isn't attempting to get it 'thrown out' - They were making the argument it should be decided in arbitration instead of in this venue.

Stop reading the headlines and read the actual story before trying to tell people they are missing the story.
Ok, put to arbitration I apologize about my phrasing.. If you were to have a loved one suffer an injury at WDW would you want it to go to arbitration automatically instead of having it decided in court with a jury?
Let me guess, you also let your insurance agent talk you into limited tort to save a few bucks in your car insurance?
 

nickys

Premium Member
WUT? A key premise is Disney doesn't believe they should be part of the suit - It's entirely relevant.

Just as significant as someone trying to sue you because you published someone's menu or policies... but weren't the one who actually created or executed those policies.



Disney isn't attempting to get it 'thrown out' - They were making the argument it should be decided in arbitration instead of in this venue.

Stop reading the headlines and read the actual story before trying to tell people they are missing the story.
Some of us are geocached from reading anything other than a news article.

To me, arguing for arbitration rather than going to court suggests trying to wriggle out of being held liable. Settling out of court is usually accompanied by a statement stating they do not admit liability. Maybe things are different in the US.

Like it or not though, this has hit the front pages of news sites like the BBC. It isn’t a good look for Disney, regardless of legal technicalities.
 

lazyboy97o

Well-Known Member
Ok, put to arbitration I apologize about my phrasing.. If you were to have a loved one suffer an injury at WDW would you want it to go to arbitration automatically instead of having it decided in court with a jury?
Let me guess, you also let your insurance agent talk you into limited tort to save a few bucks in your car insurance?
If you don’t want something brought up, then don’t bring it up first. Again, the website was brought up by the plaintiff which is why Disney is pointing to the user agreement.
 

donaldtoo

Well-Known Member


I find it scary that Disney is basically telling anyone who bought their tickets through their site or ever had a Disney+ account that you can't sue them and would have to go to arbitration, even if you died at their parks...
Hell this is only over a widower seeking 50k. It's a gross look for Disney, IMO.

C’mon, man…!!!
That 50K was slated to replace lightbulbs on MSUSA.
 

lazyboy97o

Well-Known Member
Some of us are geocached from reading anything other than a news article.

To me, arguing for arbitration rather than going to court suggests trying to wriggle out of being held liable. Settling out of court is usually accompanied by a statement stating they do not admit liability. Maybe things are different in the US.

Like it or not though, this has hit the front pages of news sites like the BBC. It isn’t a good look for Disney, regardless of legal technicalities.
Arbitration does not mean there is no determination of liability. Disney has separate arguments for why they are not liable. Seeking to change the venue has nothing to do with determining liability. Settlements include statements of not being liable because there was no process of determining liability.

Again, it has hit the news, months after the fact, because the plaintiff’s lawyer brought it to the news in a mischaracterized fashion that has been repeated.
 

Chi84

Premium Member
Some of us are geocached from reading anything other than a news article.

To me, arguing for arbitration rather than going to court suggests trying to wriggle out of being held liable. Settling out of court is usually accompanied by a statement stating they do not admit liability. Maybe things are different in the US.

Like it or not though, this has hit the front pages of news sites like the BBC. It isn’t a good look for Disney, regardless of legal technicalities.
Arbitration is a different forum for trying the case. It is not the same as settling out of court.
 

flynnibus

Premium Member
Ok, put to arbitration I apologize about my phrasing.. If you were to have a loved one suffer an injury at WDW would you want it to go to arbitration automatically instead of having it decided in court with a jury?
No - but I'm also not going to get all worked up about lawyers doing lawyering. Same way that if the tables were turned, you'd be expecting your lawyer to apply all possible elements to get you the best outcome.

If you're going to get all emotional argument about every point brought up in a civil procedure - I'd suggest you stay away from litigation all together. It's not a topic decided by your heart.
 

flynnibus

Premium Member
Some of us are geocached from reading anything other than a news article.
The case is 2024-CA-001616-O : PICCOLO, JEFFREY Jvs.GREAT IRISH PUBS FLORIDA INC et al.
See if you can pull it up at https://myeclerk.myorangeclerk.com/Cases/Search - I don't know if the different filings have been posted or discussed on the forum before this.

To me, arguing for arbitration rather than going to court suggests trying to wriggle out of being held liable. Settling out of court is usually accompanied by a statement stating they do not admit liability. Maybe things are different in the US.
It's a means to force a more concise, cheaper solution verse a lawsuit that would drag out for years. Of course Disney wants to exclude themselves from the suit overall.. who wouldn't? It's an ugly precedent in how they are being dragged into the event in the first place. I don't fault Disney for trying to extract themselves from it, including legal maneuvering.

Like it or not though, this has hit the front pages of news sites like the BBC. It isn’t a good look for Disney, regardless of legal technicalities.
Same as every other 'employee arrested...' or 'tourist dies...' etc story where people love latching onto anything Disney to get some eyeballs. Here it's a wrongful death suit so it gets a lot more clicks than someone trying to sue over tripping over the curb.

Disney has their eye on the long game... being dragged through the press by emotional pleas is just par for the course for any big company.
 

flynnibus

Premium Member
Oh Look condescending post from you, imagine that. :rolleyes:

Might want to read the rest of what I posted, get back to me when you do.
I have and why I posted what I did... you had no problem trying to shame, blame, and generalize. With more context I hope you've at least reflected on your thoughts.
 

invader

Well-Known Member
Alternative dispute resolution such as arbitration is becoming increasingly popular. Courts are slow, judges have to curry favor with political parties to get elected and the jurors are your fellow posters 😉
Florida Courts and public policy generally favor arbitration. I’m not sure why certain posters here act like arbitration means the case is being “thrown out.”
 

Lilofan

Well-Known Member
C’mon, man…!!!
That 50K was slated to replace lightbulbs on MSUSA.
I think there is more red tape in the leaps and bounds to change a lightbulb as opposed to the many long lonely hours the Disney legal team ( salaried ) has to work to represent and defend Disney. But at least the legal team can play on their days off in the parks for free!
 
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Willmark

Well-Known Member
I have and why I posted what I did... you had no problem trying to shame, blame, and generalize. With more context I hope you've at least reflected on your thoughts.
Sounds like a lot of words to say “ I didn‘t read any of your other posts in the thread.” Thanks for confirming
 

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