A man who is suing Disney over the death of his wife at one of the company’s resorts is blasting the Mouse House for its “surreal” attempt to have the case thrown out of court.
But Disney’s lawyers countered and insisted that Piccolo had no grounds to sue because he and his wife had signed up for Disney’s online service, Disney+, and because they agreed to the service contract, the company is absolved from being held to account for any damages the man might file against them.
Disney further claimed that even if a potential steaming customer only signs up for the trial period and does not follow through by paying for the service, they have “forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated.”
Piccolo’s lawyers, though, called the Disney tactic absurd.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this Court should not enforce such an agreement,” Piccolo’s lawyers exclaimed.
The aggrieved husband said in his lawsuit that his wife had a very specific conversation with the bar staff about her nut and dairy allergies and assumed that they had understood her medical issue and would prepare her food to her needs. However, that ended up not being the case and she perished from her allergies to the food she ate there.
The next court date for this case is set for October 2 in an Orange County, Florida, court.
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