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Disney Lawsuit Hindered by Arbitration Clause

After a public outcry and a round of bad press against the entertainment behemoth, Jeffrey Piccolo’s lawsuit against Disney will proceed as planned.

Piccolo and his wife, Kanokporn Tangsuan, were dining in a restaurant called Raglan Road, which is of part of the Disney Springs shopping center adjacent to the Disney World entertainment complex. Despite making her food allergies clear and being reassured that her meal would be allergen free, Tangsuan suffered an allergic reaction after her meal, and died of anaphylaxis.

Piccolo subsequently sued Raglan Road, and included Disney in its list of defendants, despite the fact that Disney didn’t own the restaurant but merely leased it the space to operate. As part of Disney’s defense, it cited some fine print in the Disney+ end user license agreement (EULA), in which the user agrees to resolve any future disputes in arbitration rather than court. Similar legal language is included any time a customer books a ticket to any of its theme parks.

Corporations like Disney often prefer arbitration over litigation because it’s faster, more cost efficient, and its rulings are binding. Also, because arbitration proceedings are private, there’s no risk of dirty laundry being exposed in court.

But a firestorm of controversy erupted because of all the public attention on Disney. It appeared the company was using a legal technicality to avoid any measure of legal culpability in Tangsuan’s death. As a result, the company reversed course. Disney Experiences chairman Josh D’Amaro released a statement, which included the following:

At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we've decided to waive our right to arbitration and have the matter proceed in court.

Possible Preaching Angle:

Though there are advantages to avoiding the formality of court to settle informal disputes, the court is society’s official means of securing a measure of justice and accountability. Businesses which use loopholes to shortcut justice will fall under God’s condemnation (Prov. 11:1; Deut. 25:16).

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