USA: Disney World trying to avoid lawsuit due to a technicality

Written by David Fletcher 15 Aug 2024
USA: Disney World trying to avoid lawsuit due to a technicality

Disney World is seeking to dismiss a wrongful death lawsuit filed by Jeffrey Piccolo, whose wife died from an allergic reaction after dining at a Disney World restaurant in 2023, even though the restaurant was repeatedly told about her allergies. Disney argues that the dispute has to be settled by arbitration because Piccolo agreed to Disney's terms of use, which include an arbitration clause, when signing up for a Disney+ free trial in 2019 and again when purchasing park tickets in 2023. His lawyers contend that this argument is ‘preposterous’, noting that the terms of use were related to a streaming service and not applicable to wrongful death or personal injury claims. They also argue that Piccolo agreed to the terms for himself, not on behalf of his late wife. Disney's motion to move the case to arbitration will be reviewed by a Florida judge in October. Arbitration, favoured by Disney for its privacy and confidentiality, is generally quicker and less costly than a court trial.

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