Disney claims Disney+ trial prevents lawsuit in wrongful death case

Disney is arguing in court that a man who signed up for a Disney+ free trial has waived his right to sue them.

Disney characters greet visitors at Shanghai Disney Resort at the Shanghai Disneyland theme park in Shanghai, China May 11, 2020. PHOTO: REUTERS

Disney is facing criticism for its attempt to dismiss a wrongful death lawsuit on the grounds that the plaintiff signed up for a Disney+ trial in 2019. The lawsuit, filed by Jeffrey Piccolo, claims his wife died after suffering an allergic reaction at an Irish pub in Disney Springs.

 Disney argues that the terms of service for the streaming service include a binding arbitration clause, preventing Piccolo from suing them.   

Piccolo's lawyer contests this, stating it's absurd to believe signing up for a streaming service would waive one's right to sue the company for unrelated matters. Disney maintains they are simply defending themselves against being included in the lawsuit against the restaurant, which they do not own or operate.   

The case highlights the growing scrutiny of arbitration clauses in consumer contracts and raises questions about their fairness and scope. The court will hear Disney's motion to dismiss the case in October.
 

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