Disney is currently facing a wrongful death lawsuit due to a woman’s death after dining at a Disney Springs restaurant, Raglan Road Pub and Irish Restaurant. The woman, Kanokporn Tangsuan, died in October from anaphylaxis after informing the restaurant of her severe food allergies and checking the menu for allergens in advance.
Disney, however, is attempting to remove itself from the lawsuit by citing the terms of service (TOS) of both its Disney World app and its streaming service, Disney+. The TOS for Disney+ states that any disputes between the parties must be resolved through arbitration, not lawsuits. Since Disney owns both Disney+ and Walt Disney World, they argue that having a Disney+ subscription means one has agreed to the TOS that prohibits lawsuits for incidents that occur at Disney World.
Attorney Brian Denney, who is representing Tangsuan’s family, has stated they will vigorously fight Disney’s “novel motion.” If the court agrees with Disney and the lawsuit is dismissed in favor of arbitration, it could set a precedent for future legal disputes between Disney and its customers.
It’s worth noting that Disney has been increasingly moving towards arbitration for legal disputes, as seen in lawsuits over changes to their annual pass systems following the pandemic. In a previous case, Disneyland agreed to pay over $9 million in a class action suit over the issue. However, since Disney does not own the Raglan Road Pub, the lawsuit against the establishment itself would still move forward.
This incident raises questions about the implications of TOS for digital services and apps, especially for companies that own multiple entertainment disciplines like Disney. It underscores the importance of understanding and carefully reading the TOS before agreeing to them.
