Terrifying news on CNBC this morning. Wrongful death suit against Disney serves as a warning to consumers when clicking ‘I agree’.
What Happened?
Tragically, a woman died after eating at a restaurant in Disney Springs. The restaurant was billed as allergen-free. The woman told the waiter of her allergies and was assured that the food was allergen-free. The woman died after eating and the medical examiner determined that she died from anaphylaxis due to elevated levels of dairy and nut in her system.
And Then…
The family of the woman is suing Disney. Disney claims that the family cannot sue because the husband had signed up for a free trial of Disney+ in 2019.
What???
Per CNBC: The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.’
It sounds like by signing up for Disney+ and clicking the mandatory “I agree” button, we’ve waived our ability to sue Disney. Ever.
That’s Crazy Talk
It seems ridiculous. The lawyers are arguing that it’s unrealistic for a subscriber to read all the fine print and the subscriber has no ability to negotiate terms. If you want the service you click accept or you don’t get it.
What’s Next?
This will be an important one to watch as I’m sure I have clicked accept on hundreds of apps and services and I must admit that I have never read the fine print. I enjoyed a free trial of Disney+ years ago, so Disney is now safe from me.
But what is in those other hundred or so agreements I accepted? Who knows?
I’d like to think that our judicial system will sort through this and draw reasonable guidelines that protect both consumers and companies. However, the government has let me down a time or 2 before so I’m watching this closely and thinking twice before clicking.
Stay Safe.