Disney is attempting to dismiss a negligence lawsuit by leveraging the terms of its Disney+ streaming service.
Settlec Through Arbitration
According to 20minutos the case involves the death of a woman who suffered an allergic reaction at a restaurant within Disney Springs, a dining and shopping complex operated by Disney.
The company argues that the terms of use agreed to by subscribers of Disney+ require that any disputes with Disney be settled through arbitration rather than in court.
This includes, Disney contends, even lawsuits unrelated to the streaming service itself. According to Disney, the arbitration clause in the Disney+ terms of use applies to "any conflict between the user and the services of Disney."
Agreed to Terms of Service
Under Disney’s terms of service, users must agree to resolve disputes through arbitration, a process where an independent arbitrator makes a binding decision.
The agreement specifies that disputes cannot be taken to court or pursued as a class action. This provision is detailed in the arbitration and waiver section of the Disney+ terms, which users accept upon subscribing.
The lawsuit in question was brought by the husband of the deceased, who alleges that the restaurant, advertised as offering "allergen-free food," failed to meet these claims.
Disney's defense argues that this case should be arbitrated due to the binding agreement, despite the incident occurring at a location not directly owned or operated by Disney.
Critics argue that it is unreasonable and unfair to require users to waive their legal rights for issues unrelated to the streaming service. They view Disney's attempt to use these terms as a means to evade accountability for unrelated incidents as excessive and unjust.
