Disney Seeks to Dismiss Wrongful Death Lawsuit, Citing Subscription Agreement
Disney's Controversial Motion
The Walt Disney Company has filed a motion to dismiss a wrongful death lawsuit stemming from a fatal incident at Raglan Road Irish Pub in Disney Springs. Disney's motion argues that the plaintiff, whose husband died after consuming an allegedly contaminated beverage, has no legal standing because she agreed to the company's terms and conditions when purchasing her Disney subscription.
Key Points of Disney's Argument
- The plaintiff agreed to waive her right to sue Disney in the event of injury or death.
- This waiver is valid and enforceable under Florida law.
- Disney acted reasonably in reliance on the plaintiff's agreement.
Reaction from Plaintiffs and Legal Experts
The plaintiff's attorney has called Disney's motion "outrageous" and "an affront to the justice system." Legal experts have expressed concern that Disney's argument, if successful, could set a dangerous precedent for businesses seeking to limit their liability.
Background of the Wrongful Death Lawsuit
The lawsuit was filed in February 2023 by Kathleen Piccolo, the widow of John Piccolo, who died in 2021 after consuming an allegedly contaminated beverage at Raglan Road Irish Pub in Disney Springs. Piccolo is suing Disney Parks and Resorts US Inc. and the pub for negligence and wrongful death.
Disney's Subscriber Agreement
Disney's subscriber agreement, which all Disney+ subscribers must agree to, includes a waiver of the right to sue Disney for any injuries or damages incurred while using Disney's services or visiting its properties.
Conclusion
The outcome of Disney's motion to dismiss will be closely watched by legal experts and consumer advocates. The court's decision could have a significant impact on the rights of consumers who purchase subscriptions to online services and visit entertainment venues.
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