This is the same company who didn't allow Spiderman on a kid's grave because it would "get rid of Disney magic" or whatever the fuck it was. I'm not surprised.
Two matters of law apply here. 1. A liability waiver cannot protect you from Gross Negligence. Which informed dispensation of food containing allergens to a client who they knew was allergic to those allergens would most certainly classify as Gross Negligence. 2. Liability waivers need to be INFORMED. If the client was not made clearly aware of the fact they were signing away their right to sue, it’s null and void. This precedent was set for exactly this reason.
All of that is meaningless because we live in a corporatocracy and Disney knows how to game the system to their benefit. I have no faith in the American justice system and fully expect Disney will get away with it.
if this flies in a court of law someone was paid off, because nobody has ever read a terms of service and if they have they have not fully understood it because all of them are written in densely packed legalese spread out among hundreds of pages. no just system could possibly allow this and i do believe there is precedent for terms of service not being legally binding in cases like this, im not sure if that's in the US though.
Also, it was a month-long Disney+ free trial from years ago that is entirely irrelevant to the lawsuit at hand, in addition to it not affecting the estate that the lawsuit is filed on behalf of.
@@akpsyche1299 Besides, with the ending of the contract (which would be the free trial) you'd also end your side of it, which includes the whole "can't sue us" thing
This. Binding arbitration is SO shady and scummy Like, if you told child me that some d*sney villain came up with that, I'd believe you. As someone who was really into cyberpunk dystopias a few years back, yeah, that's completely on par. With a FICTIONAL dystopia. Line, they SAY it's a ""neutral"" party, picked by ""both sides"", but let's be honest. If an arbiter is trying to decide between a MASSIVE company, and an individual, WHO ARE THEY GOING TO PICK?? It's not like they'll get a whole lot more money if they pick the ones with the money. Binding arbitration being FORCED by, and hidden in page 137 of the ToS is one kind of evil, but trying to enforce this complete and utter BULL$H!T for a completely SEPARATE SERVICE?? Nah, it takes a special kind of evil. May the entire d*sney C-suit stub their toes on every single surface imaginable. May their warm food arrive cold, and their cold foods lukewarm. May they step on legos every single morning. May their sugar and salt switch places every time they wish to use them, And may those whose blood is on their hands be avenged. EAT. THE. RICH.
@@SyncronedStuff They also have a lot of people who continue to support them due to the influence they've had on children for all these years. Some people grow out of it but a sad amount don't. For the rest of us though, yeah, abysmal reputation.
Would you be surprised to hear about a nature documentary made during when walt was alive have animals intentionally thrown to their death from great heights to a pond
@@raptorskilltor4554I'm aware of it. Don't even understand how someone can come up with something so idiotic and evil. What did they think how stupid their Viewers assume Lemmings to be?🤦🏻♂️
isn’t this streaming service trash? if someone genuinely cares about disney+, they ain’t deleting their account there, cuz they’re too dumb to realize that throwing money into dumpster has more value than disney+
I find it both hilarious and terrifying that disney can give someone disney+ as “compensation” but as soon as they accept it they can no longer sue you
Honesly this just proves how heartless disney is, they didnt even try settling the case they actually FOUGHT for this court case , like you killed someones wife and now have the audacity to argue about it.
I'm surprised Disney's arguments have gotten them as far as they have given that there is tons and tons and tons of case law on this exact subject. Contracts that say "you cannot sue us for any reason" are never upheld in court. Liability waivers need to be specifically explained and signed it can't just be hidden in the TOS. And the most important part, it doesn't matter what you signed or agreed to, negligence cannot be waived. And a restaurant serving someone an allergen when they made clear they were allergic is negligent. They don't want this in court because they know they don't have chance of winning
Id believe it, I’d even say that Disney may end up getting what they wanted. Who do you think was the one telling(bribing) the courts to extend copyright laws for so long so they can keep the entirety of their mascot as their intellectual property.
Person with Peanut Allergy here: I tell literally every restaurant, every food vendor, everyone that I have a Peanut and Treenut Allergy. Even to places Ive been to many many times, I always say it. I take my medicine with me everywhere I go because of events like this. So for something like this to happen, its my worst nightmare. I hope this guy wins this case
Why wouldn’t Disney just settle?? It’s only $80,000, as if they don’t make $80,000 every 10 minutes. Like they’re arguing in court for the sake of arguing
they're a corporation, corporations don't like admitting they did something wrong and would rather spend 10x the settlement amount to look like they're in the right
@@bettafish541 of course, but if they approached the guy out of court in private and simply settled with him and had him sign an NDA; then they wouldn’t have any bad press. I’m not saying that would be right of them to do, but it would make sense for a corporation to want to keep a death out of their name
I’m sure the headline “Woman dies at Disney World” is much better than “Woman dies at Disney World and Disney tells grieving husband to suck their balls.” Don’t you agree?
@@jmurray1110 I think this gross negligence will even yank away the arbitration case from them. The world would be just a little bit more right if this becomes a filmed jury. Though I know Disney would force the court to be privatized anyways. May even force people to sign NDA's before the courts even start, just to prevent more jury from entering.
For shits and giggles I decided to read the ToS of Ubisoft Connect and I kid you not, by the time I was done the site literally timed out and I had to start anew.
@@My-cat-is-staring-at-you The monopoly bust would mean they have to be forced not to make other companies that fit the same bill. I genuinely think disney would be defiant enough to relocate their central operations into another country *just* to not comply or to maliciously comply.
I guarantee, this situation will be forgotten in a year, like how people forgotten about how Disney sued a preschool because the preschool had Disney characters on a wall, and denied a dead boy's wish to have spider-man on his gravestone. BUT meanwhile, The only thing Disney did to piss our pants is made a fictional mermaid black, and a few gay characters. WHY CAN'T WE GET ANGRY RIGHT?!
I’d be more angry at this situation than the others because somebody actually died in the parks and they can’t sue them because of TOS. Like WTF is this goofy shiii?
Oh my f*cking god how CONTROL FREAKISH are they do SUE A PRESCHOOL OVER SOMETHING SO MINOR AND UNDAMAGING??? These companies would feed the Earth to the sun for a quarter of a penny.
I know a lot of restaurant menus have symbols or will say what’s vegan, gluten free, nut free, etc so if the Disney menu has these and put dairy/nuts in a meal that isn’t supposed to have them in it that’s REALLY bad for people with allergies. The other option I see is they didn’t have warnings on the menu and the couple said “I have a bad dairy or nut what’s dairy/nut free” and when given options of what’s X free they still brought the food with dairy and nuts in it It’s bad for Disney no matter how you cut it
It’s even worse too when you realize that if they had just settled the claim, it would’ve only been around $80,000. I’m sure a major corporation like Disney (that has BILLIONS of dollars) isn’t gonna go under from one lawsuit.
What's worse is that he signed up for it in 2019. THERE IS NO WAY THAT BECAUSE HE SIGNED UP FOR DISNEY PLUS 5 YEARS AGO HE IS UNABLE TO SUE DISNEY FOR THIS
This "contract" won't hold up. Disney can't legally have you sign away your right to literally not die, especially when it relates to their own negligence.
@@jayminyoel7911 True. I still to this day like the stuff old Disney used to produce. The classical animations still hold up to this day imo. Now whenever I see news related to Disney I say "Look at you! You used to be great, now you're just pathetic."
If Disney actually gets away with this because of this clause you can bet every single company is immediately going to put "lmao you can't sue us no matter what" in their TOS and it'd hold up in court. Meaning companies might just end up being allowed to legally scam you. "Want a Refund? sue us- OH WAIT"
In my country, contracts cannot overrule law. Even if it was signed and agreed upon by both parts, if the content of the contract goes against the law, the contract is nullified, so a contract/terms of service that says you cant sue if we screw up wont fly, because it goes against the law anyways.
Create a robot body and virtually control it in the US, while you are in such a country. If the robot body dies, you die. If your robot body dies due to something at Disney World, the laws that apply will be the ones where YOU DIED, not that of your robot body. Big brain.
Disney would rather pay a million dollars in Layer fee’s than pay the 50 grand to the widower, this is them trying to prove a message that they are untouchable
A couple of years ago, I was able to get my parents to boycott all Disney media & products. I am so glad I did, knowing now they'll stoop down to this level...
I wish you also recommend to boycott the media. It's full of bs. Trump almost died at a assassination attempt ❌ Trump fell of the stage ✅ (according to some big american news, in the first few hours after it happened)
0:50, Do what you want 'cause a pirate is free You are a pirate! Yar har, fiddle de dee Being a pirate is alright to be Do what you want 'cause a pirate is free You are a pirate!
What makes this so much worse, is that an attrition clause in an actual legal contract between 2 companies almost never stops lawsuits But when it's between a company and a person, now it's up for debate?
Absolute power corrupts absolutely, to think that a company that’s main goal used to be to make the world “more magical” would stoop to such inhumane practices is just depressing.
When Roy Disney started Save Disney back in 1984 and again in 2003, he foreseen this happening. No one batted an eye to it much cause Disney was still cool back then. His nightmare came true in the end.
i'm sorry fam there's just certain rights a company cannot have you sign away. taking someones life because of gross negligence SHOULD NOT be one of them
Disney is literally just becoming Fazbear Entertainment at this point 💀 I've known how scummy Disney has been over the past several years but this is just insane holy shit
What makes this even more insane to me is that the guy is only sueing for 50,000 dollars plus legal fees. Which in my opinion is way less than he is deserving given Disney got his wife killed. But apparently that’s too much for this billion dollar company.
Oh how the mighty has fallen... The Simpsons just lick Disney's nuts now. The show has been meh at best for a long time but the blatant ass-licking by the Simpsons is just sad. They've become everything they made fun of back in the day.
Because there are idiots who still pay to watch the live action garbage alongside go to Disney World almost every month. I will never understand Disney stans
I cant believe Disney poisoned Piccolos wife, Goku with a dairy and nut allergy then banned him from suing because of when he got a free Disney+ trial to watch Ducktales
Fun fact tos does NOT get rid of your ability to sue if it was gross negligence. Because they said the allergy’s before hand this would count as gross negligence.
If the staff at that restaurant were unable to prevent cross contamination of those allergens, which is, you know, BASIC FOOD SAFETY PRACTICE, who knows what else is going on in the kitchens at Disney World
Adobe... Disney... Netflix... Blizzard... Bethesda... EA... WHY IS THAT EVERY FUCKING BIG COMPANY, is getting just WORSE every fucking year... I swear to god.
Don’t forget to add Sony, Squeenix, Ubisoft, WB and Bank of America, to the list of terrible corporations. It all boils down to the big three-nepotism, power and greed
Really hope Disney gets held accountable. This is insane. Also, 50K? From one of the biggest companies on the planet? For a completelly avoidable death? Basically a slap on the wrist. I know them having to pay would set a precident, but needless to setting the precident that companies need to take responsibility for their poor operation, would be a good thing.
Remember the time they refused to let a father put spiderman on his dead sons gravestone. To "Preserve the identity of the character" or some shit like that. Stop giving these bastards your money.
These forced arbitration agreements are being put into ALOT of companies TOS lately. A lot of them even opt you into them first and rely on the user to opt out of them. Insane.
I think the idea of Disney wanting arbitration should be thrown out because it's a wrongful death suit, anything having to do with death should immediately have criminal and civil consequences along with being in front of a jury, not just some old judge mediating.
Killing a person with allergies, which is in a sense a disability, and not compensating them for it? Not so "inclusive" are you now, Disney? Also, it's pretty funny that the guy's last name is Piccolo.
When i worked for a big company, they had a clause that i could never say anything bad about them for basically the rest of my life, companies do whatever they can.
"So that’s the offer! What do you-" “If I sign this and I’m not satisfied with the results, will I never get my soul back?“ "Oh no, you’ll actually get a full refund. God won’t allow me to just claim souls if people aren’t satisfied with the results." “You have more morals than Disney?“ "Is this a joke question? OF COURSE I HAVE MORE MORALS THAN DISNEY!"
And the worst part is it's not like Viacom used to be where people are aware of how scummy a company is. Disney can still put up a phony PR campaign thanks to their gargantuan coffers.
Death is inexcusable. The cause was entirely on Disney with no fault on the man or his wife. no ifs and or buts about it. The fact the court is even considering siding with the company is disgusting and should be shut down.
2:35 That’s forced arbitration for you. Honestly this kinds of stuff are insane and probably should be illegal everywhere (they are in EU for company to consumer relations).
Only in America can any company do something like this and get away with it completely. If any company tried it in the UK or any EU countries, they'd be fined and scrutinised to oblivion.
The irony is that the Disney company once made a children’s book about some kid who is allergic to peanuts and milk and that we should all be aware of people with food allergies and making sure that they are safe from the food that kills them.
"If I sign up for Nintendo Online, if I go to Nintendo Land, and Mario literally kills me, I wouldn't be able to sue!" THIS JUST IN: Ghosts can now sue.
2:59 I know the point you're trying to make, but I just gotta say this: _kinda hard to sue somebody if you're dead._ Relatives, on the other hand, yes. Easily.
thats not even how waivers work, waivers only prevent people from suing due to things out of their control, and had proper safety precautions, ie: you can sign a waiver at a resturant saying "i will eat anything you put in front of me" but the resturant cant serve you rotten, molding, food, or anything you are allergic to, if they know your allergic of course
Disney fighting so hard to do the most morally bankrupt things is actually insane. Surely it would have been so much easier and probably cheaper to just bite the bullet and say "Ya we really messed up here, here's the money". They didn't even want to pretend to be altruistic and go "Oh, this poor man's wife died at our theme park so we're giving him a ton of money", they straight up willfully chose to do the most universally hated option.
Even people who read the TOS (crazy people) will see that and be like “well that’s weird but I’m not gonna die at Disneyland lol, and I want to watch finding nemo so I guess I have to sign”
It should be illegal to have a contract or term of service that disallows customers from suing. Regardless if it is related to the specific usage of that service, you should always have the right to sue.
