@jon-nyc said in Fucking Disney:
That was precisely the case we talked about here a month or so ago. Someone died after his wife died of anaphylactic shock after eating something with some allergen in it that wasn’t supposed to be there. They said he waived his right to sue when he signed up for Disney+.
IIRC Disney backed down after they got bad press about it.
That was the part that got the press, but it was one small part of the entirety of Disney’s argument. They actually listed multiple agreements like that that the guy had signed off on. Buying tickets to the park? Waiver… Staying at a Disney Hotel? Waiver… Use the Disney Parks App? Waiver… Sign up for Disney Plus? Waiver…
First, the waiver didn’t remove his rights for compensation, it just stated that he would need to take it to arbitration instead of civil courts. But it’s a power move without teeth. There have been multiple cases where these type of waivers have been found to be unenforceable in cases of negligence, which this clearly was. Yes, Disney can send their lawyers to attempt to muscle the guy into going to arbitration, yes, they could scare the hell out of Joe Blow and some attorney that rents his office space by the hour… And that probably works more often than not… But in a case of negligence and extreme damage, those waivers aren’t worth the electrons they are projected upon.