This case illustrates how companies can use forced arbitration clauses in their terms of service to prevent consumers from filing lawsuits, even for serious incidents like wrongful death. In this case, Disney attempted to compel a man to arbitrate his wrongful death claim against the company because he had signed up for Disney+ years earlier, arguing that his subscription agreement waived his right to sue. While the law favored Disney's position, public pressure ultimately led them to back down. This case highlights the power imbalance between corporations and consumers in legal disputes and the importance of understanding contract terms before agreeing to them.
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Disney arbitration horror story追加:
One of the most striking stories in your book is the poor man whose wife died at Disney Park and Disney tried to move him to arbitration because he had signed up for Disney Plus. Explain what happened there. Jeffrey Piccolo and his wife went to Disney World. His wife was a doctor, had severe allergies, and so they were trying to be very careful about where they ate. According to his subsequent legal complaint, they went to this faux Irish pub. They were assured that the food was safe. It fact was not. His wife died of anaphylactic shock. But when he tried to sue Disney for wrongful death, Disney tried to compel him into forced arbitration by saying that he had consented to it when he signed up for his Disney Plus account several years prior. And I think it's you know, kind of extraordinary for folks to imagine that by signing up for a streaming service, you could essentially sign away your right to sue over your wife's death. But to be clear, the law was very much on Disney's side. And they would have won, I think because of enormous public pressure, they eventually backed down. But they would have won if they continued.
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