The park was negligent in serving her the food, because she had clarified with the server that she was allergic to shellfish, and the server assured her there wouldn’t be any cross-contamination, and that the kitchen would take proper safety precautions. Either the server didn’t relay that to the kitchen, or the kitchen didn’t do their due diligence. But either way, someone employed by Disney seriously fucked up, and a person died as a result.

The (now widowed) husband sued for wrongful death. Disney’s defense has basically been “he can’t sue us, because he agreed to binding arbitration. He downloaded a free trial of Disney+ on his Xbox two years ago, and that 7-day free trial’s ToS had a binding arbitration clause. Even though the free trial only lasted 7 days, the binding arbitration clause didn’t have an end date so it is in force in perpetuity.” Basically, Disney claims that he (and her estate) can’t sue Disney for killing his wife, because of a free trial that he never even subscribed to; He deleted the app from his Xbox after the free trial ended.

It’s currently in the courts now, with a judge set to rule on whether or not the binding arbitration clause should apply. And if they set the precedent that it applies, then capitalism has truly won and we’ll be in the end-stages where you’re not allowed to sue any company ever, because they all have binding arbitration clauses.

[–] experbia@lemmy.world 14 points 3 months ago* (last edited 3 months ago) (1 children)

what exactly do these corporations think aggrieved widows and widowers will do when they go to hold companies to justice and are told "no justice for you peasant, get out"?

do they think everyone who has just lost their life will go "ok... I'll just live with that then, thank you Disney"? lmao

i can't understand for the life of me why all these organizations want to remove the systems we built as a society to act as sensible alternatives to violence. do they want to be violenced?

[–] goatbeard@lemm.ee 4 points 3 months ago (1 children)

This is what happens when you stop teaching history; they don't understand how things got to be how they are.

[–] shneancy@lemmy.world 4 points 3 months ago

i think it's more hubris than lack of education. "oh sure every wannabe tyrant in modern history met a grisly death once they took one step too far... but they weren't like me! :) i have teams of attorneys, and a golden mansion, and i'm not even a tyrant! those peasants are out of their minds, they signed the agreement to sell me their soul, it's their fault, how could they ever blame me?"

[–] HawlSera@lemm.ee 8 points 3 months ago

Either the server didn’t relay that to the kitchen, or the kitchen didn’t do their due diligence. But either way, someone employed by Disney seriously fucked up, and a person died as a result.

Given what I know about the restaurant industry, the chef probably thought the lady was just being "bratty" and made up her allergy to get a "special order", and ignored the substitution request. Sadly I know too many "proud chefs" who just straight up ignore these things and the consequences when they trust their instinct instead of the order is

That said, I've also heard of careless wait staff.... had a friend of a friend go to a restaraunt and order diet coke. He felt light-headed after his third glass and realized his coke tasted "off", when asked the waitress just told him

"Oh, I just went ahead and gave you regular since you're kinda skinny anyway."

Bro was skinny yes, but that's not why he ordered diet. He was actually diabetic and had to go to the hospital to avoid dying as the "light headedness" was his body starting to going to shock.

Needless to say, she was fired and the restaraunt was sued for the medical bills.

[–] abbiistabbii@lemmy.blahaj.zone 6 points 3 months ago

https://edition.cnn.com/2024/08/14/business/disney-plus-wrongful-death-lawsuit/index.html