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US couple blocked from suing Uber after crash say daughter agreed to Uber Eats terms
(www.theguardian.com)
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Woman died because an employee at a Disney resort served her food with peanuts in it. Her widower tried to sue, because the woman had confirmed with the server that there would be no nuts, and the server assured them there wouldn’t be. So someone on the restaurant’s side fucked up. Pretty open and shut case of negligence.
Disney’s lawyers tried to get the lawsuit dismissed, by saying that the husband had agreed to binding arbitration in the Terms of Service when he signed up for a free two week Disney+ trial on his Xbox several years prior. He never actually paid for a subscription, and cancelled after the free trial. But Disney was saying that the binding arbitration clause was still in effect in perpetuity, even after the trial ended and he cancelled the service.
Disney quickly reversed course (and “allowed” the man to sue them) once they realized it was making headlines, because they didn’t want to deal with the bad PR. But if it hadn’t made headlines, Disney’s lawyers likely would have continued pushing for dismissal.
Moving to arbitration where the party making the agreement picks the arbiter, is close to being dismissed because there is about a 10% chance of winning.
The restaurant is in Disney Springs. Correct that its not Disney but they still have a stake in the restaurant.
Your misinformation is just as bad.
Wow, no reason for name calling. I was just calling out how you were doing a similar injustice to the truth. But okay, I am a cunt for disagreeing with your assessment.
I’m not arguing that Disney should be held liable just that your generalization was wrong. If you are going to argue points of view on the internet and revert to name calling all I have to say is go to bed you child.
In other news, like the article that spurred this thread corporations using ToS to scapegoat things is wrong.