Disney is facing a legal battle in a wrongful death lawsuit involving a New York doctor who suffered a fatal allergic reaction after dining at an Irish pub in Disney Springs. The family of the deceased doctor claims that Disney is attempting to dismiss the lawsuit based on an arbitration clause.
The lawsuit alleges that the doctor, after repeatedly informing the server of her severe nut and dairy allergies, ordered food that was supposed to be allergen-free. Despite assurances from the waiter, the doctor experienced an allergic reaction and tragically passed away later that evening.
Disney argues that the husband of the deceased doctor had agreed to settle any disputes through arbitration when he signed up for a Disney+ trial and created an account on Disney's website. The company contends that the arbitration provision covers all disputes, including those involving Disney affiliates.
The family's attorney has criticized Disney's stance, calling it unreasonable to expect subscribers to waive their right to sue the company in perpetuity based on agreements made during a free trial sign-up. The attorney argues that such terms are unfair and should not be enforced.
Disney has expressed its condolences to the family but emphasized that the Irish pub where the incident occurred is not owned or operated by the company. The company maintains that its defense in the lawsuit does not impact the plaintiff's claims against the eatery.
A hearing on Disney's motion to dismiss the lawsuit is scheduled for October, with the plaintiff seeking damages exceeding $50,000. The case highlights the complexities of arbitration clauses in consumer agreements and the legal implications for subscribers of popular streaming services like Disney+.
