Disney’s wrongful death lawsuit serves as warning about clicking ‘I agree’
Disney's attempt to dismiss a wrongful death lawsuit because the victim's husband signed up for a free Disney+ trial is a chilling warning for anyone who agrees to terms and conditions without reading them.
We've all been there, signing up to a new subscription when we're presented with the terms and conditions of our purchase.
Let's face it, none of us have ever actually read the terms and conditions from start to finish before clicking 'I agree'.
Even the ones that make you scroll to the end before clicking, we all know we all just zoom through.
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And frankly anyone who claims that they do read it all, I don't believe you.
But Disney's response to a wrongful death lawsuit brought against the corporation might make us all think twice before blindly clicking that 'I agree' button.
The suit was raised by the family of a New York woman who died after eating at an Irish pub in Disney Springs.
Kanokporn Tangsuan had decided to eat at the pub with her husband Jeffrey Piccolo and his mother as it was described on Disney's website as having 'allergen free food', the lawsuit claims.
But about 45 minutes after having their dinner Tangsuan had difficulty breathing while they were out shopping.
The 42-year-old doctor collapsed and was rushed to hospital where she was pronounced dead.
Disney has said that it is 'deeply saddened' by the family's loss, but has filed a motion to dismiss their lawsuit.
This is based on the grounds that Piccolo had previously signed up for a free trial for the streaming service Disney+.
Disney has claimed that part of the terms and conditions of the service is that you agree to settle all disputes with the corporation out of court and instead using arbitration.
Disney's motion said: “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’."
John Davisson, director of litigation at the Electronic Privacy Information Center, said: “The consumer is presented with this contract and really doesn’t have an opportunity to negotiate the terms. It’s yes or no.
"Generally, it’s understood that it is literally impossible for consumers to read and interpret and fully understand all of the contracts that they’re being asked and expected by the law to agree to and abide by as they go about their day.
“Especially in an increasingly online world in which we’re interacting with dozens or hundreds of platforms and services a day.”
So there you have it, it might be worth thinking twice the next time you're tempted to immediately click 'I agree'.
UNILAD has reached out to Disney for comment.
Kit Roberts