Wrongful Death Lawsuit and Disney's Scary Attempt

Smiley/OCD

Smiley/OCD

Well-Known Member
You make it seem like that’s such a bad thing…TWDC won’t be found liable…the restaurant will, so in this case it’s going to be a moot point.
 
F

Fido Chuckwagon

Well-Known Member
Lilofan said:
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 .”
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Binding arbitration agreements are a pox.
 
L

Lilofan

Well-Known Member
Smiley/OCD said:
You make it seem like that’s such a bad thing…TWDC won’t be found liable…the restaurant will, so in this case it’s going to be a moot point.
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This is opening up a can of worms. What do you think Disney is going to do if this incident happened at Sci Fi at DHS which is not third party? " You did it for them ( Raglan incident ) then you need to do it for me. ".
 
Smiley/OCD

Smiley/OCD

Well-Known Member
We had situations on several occasions where there was an accident/incident in one of our stores in an indoor mall…the store along with the mall rental agent and the security company AND the mall owners were all named in the lawsuit along with EVERY employee and member of the management team and the store staff…some weren’t even there at the time it happened…you name everyone and let the courts figure it out.
 
Overlordkitty

Overlordkitty

Well-Known Member
Lilofan said:
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. ".
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If there's another fatality, Disney will hopefully know better than to try a legal argument of 'you once signed up for Disney+, you must arbitrate.'

If it had just been the Disney Parks clause to arbitrate, it never would have gotten traction in the media.
 
Smiley/OCD

Smiley/OCD

Well-Known Member
Lilofan said:
This is opening up a can of worms. What do you think Disney is going to do if this incident happened at Sci Fi at DHS which is not third party? " You did it for them ( Raglan incident ) then you need to do it for me. ".
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We’ll have to agree to disagree on this one…to me, it’s the cost of doing business, and that’s why they have a crack legal team and great liability insurance.
 
flynnibus

flynnibus

Premium Member
My crystal ball says Disney continues to fight to get excluded from the case... and if that fails... you see Disney and Raglan settle long before this approaches any sort of jury. It's the nature of things.

Really the only points of contention here are going to be who the parties at the table are... and the size of the deal.
 
Donald Esq

Donald Esq

Member
Lilofan said:
What is stupid? The doctor's husband did not bother to read the black and white fine print that he agreed to ( and signed ) in that guests needs to go through arbitration and Disney pointed that out?
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It absolutely was a stupid legal argument. Signing up for (and cancelling after the trial period) D+ 5 years ago doesn’t give Disney a lifetime get out of court free card. The argument was incredibly stupid. They were going to lose, would probably get some very unfavorable precedent on just how enforceable or not the arbitration clause actually is, and so they withdrew the argument.
 
invader

invader

Well-Known Member
Donald Esq said:
Disney didn’t just abandon this argument because of bad PR. They abandoned it because they were going to lose (on that issue, nobody knows enough to be sure on substantive liability).
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Because they likely already waived their right to arbitrate by filing an answer and affirmative defenses.
 

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