Disney has asked a Florida court to dismiss a wrongful death lawsuit filed earlier this year regarding a woman who passed away due to anaphylaxis after a meal at Disney Springs, citing an arbitration waiver in the terms and conditions for Disney+. Disney Springs Wrongful Death Lawsuit Update

Tangsuan had a severe dairy and nut allergy and informed the waitstaff at the restaurant of her dietary needs, and was “unequivocally assured” they could be accommodated. She ordered and ate the “Sure I’m Frittered” vegetarian broccoli and corn fritters, the “Scallop Forest” sea scallops appetizer, the “This Shepherd Went Vegan” entree, and a side of onion rings.

After their meal, Piccolo returned to their hotel room, and Tangsuan and her mother-in-law continued to shop at Disney Springs. later that evening, Tangsuan had an acute allergic reaction in Planet Hollywood, self-administered an EpiPen, and was transported to a local hospital, where she later died.

In the latest update for the Disney Springs wrongful death lawsuit, Disney cited legal language within the terms and conditions for Disney+, which “requires users to arbitrate all disputes with the company.” Disney claims Piccolo reportedly agreed to this in 2019 when signing up for a one-month free trial of the streaming service on his PlayStation console.

  • reddig33@lemmy.world
    32·
    3 months ago

    Such a shitty defense. I’d probably rule in favor of the plaintiff just because of its bizarre stretch. Like why not just claim “plaintiff knew they had a food allergy and yet did not carry an epi pen” or something else grounded in reality rather than this Disney+ nonsense? Disney should fire these lawyers and settle with an NDA before this gets any worse.

    • halcyoncmdr@lemmy.worldEnglish
      9·
      3 months ago

      “plaintiff knew they had a food allergy and yet did not carry an epi pen”

      Except they did. They self-administered the epi-pen before being taken to the hospital like you’re supposed to.

      This is clearly a hail Mary from Disney, and I have no idea why considering the bad publicity will clearly outweigh a wrongful death payment. Disney has people die at their facilities all the time, usually it’s unrelated to anything they did, but it’s not like people haven’t suddenly had heart attacks or a stroke at a park before.

    • Erbteufel665@lemmy.world
      8·
      3 months ago

      If you read the article you’d notice that she did carry and administer the EpiPen and still died later at the hospital. Not a doctor so no idea how that works but it seems like she did everything she was supposed to.