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Disney drops arbitration bid in allergy death after backlash
DW ^ | 8/20/24 | DW

Posted on 08/21/2024 10:35:14 AM PDT by DallasBiff

The media giant has withdrawn a controversial attempt to settle a wrongful death case in arbitration. It had previously argued a one-month Disney+ subscription was a waiver against suing the company.

Snip

Why is Disney being sued?

The lawsuit revolves around the death of Kanokporn Tangsuan, a doctor from New York, who ate with her husband and mother at the Raglan Road Irish Pub and Restaurant on October 5, 2023.

They had chosen the location because it was advertised by both the restaurant and Disney as being particularly accommodating with food allergies.

However, despite seeking assurances from the wait staff, Tangsuan suffered an acute allergic reaction and died of anaphylaxis from elevated levels of nut and dairy in her system.

In its response to Disney's argument that the plaintiff was bound to arbitration, lawyers for Tangsuan's husband said it was "absurd" to say that the company's 150 million subscribers had waived their rights to sue the company over conditions written in the fine print of unrelated agreements signed years beforehand.

(Excerpt) Read more at dw.com ...


TOPICS: Chit/Chat; Food
KEYWORDS: allergy; disney; restaurant
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First, RIP, but growing up in the second half of the 20th century, I never knew or heard of extreme food allergies and menus saying they are gluten free etc.

Also Disney saying they are immune because of a subscription to a Disney streaming service is equally ridiculous.

1 posted on 08/21/2024 10:35:14 AM PDT by DallasBiff
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To: DallasBiff

To some extent that’s probably because people just died of their allergies when they were young and it was probably rarely known just why. But there has probably also been an increase in allergies. I’m no expert, but I have read stuff suggesting that living in a more artificial environment (homes in cities) without exposure to natural allergens is making people more sensitive. My kids grew up in a country home “eating dirt” and have never had problems, FWIW.


2 posted on 08/21/2024 10:39:13 AM PDT by EnderWiggin1970
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To: DallasBiff

“vaccines”


3 posted on 08/21/2024 10:44:50 AM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: DallasBiff
Wow, now I've heard everything. Disney argued that a one-month Disney+ subscription YEARS EARLIER was a waiver against suing the company for a food problem at one of their Disney World Resort restaurants. Talk about an absurd stretch! The lawyer should win an award for creativity and imagination.
4 posted on 08/21/2024 10:53:29 AM PDT by ProtectOurFreedom (“When exposing a crime is treated like a crime, you are being ruled by criminals” – Edward Snowden)
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To: DallasBiff
I never knew or heard of extreme food allergies and menus saying they are gluten free etc.

Neither had I, but it is a thing. My brother in law as an infant in the '80s was in the HOSPITAL (in Canada) when the hospital was told NO DAIRY, which they mistook to mean no lactose. They gave him butter, which was worse, and they almost lost him IN THE HOSPITAL. It is a real thing.
5 posted on 08/21/2024 11:02:52 AM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: Dr. Sivana

I know this may be controversial, but my mother did not breast feed, she used formula, which probably included dairy, who knows, maybe that is why me and my siblings have no dairy allergies.


6 posted on 08/21/2024 11:10:26 AM PDT by DallasBiff (Apology not accepted.la is not the sharpest knife in the drawer)
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To: DallasBiff

I remember reading that a trend toward sanitizing and adding anti-bacterial ingredients to plastic toys and playground equipment was ill advised as it short-changed kids growing up on developing a robust immune system. Made sense.


7 posted on 08/21/2024 11:14:08 AM PDT by desertsolitaire ( )
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To: DallasBiff
They had chosen the location because it was advertised by both the restaurant and Disney as being particularly accommodating with food allergies.

I don't know, but all my friends with food allergies or a problem with bee stings carry Eppi Pins.

This was avoidable.

8 posted on 08/21/2024 11:31:11 AM PDT by usurper (AI was born with a birth defect.)
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To: ProtectOurFreedom

Disney+ subscribers scouring their terms and conditions with their lawyers after news that Disney will use that tool in their legal tool belt...

:)


9 posted on 08/21/2024 11:50:30 AM PDT by delchiante
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To: usurper

From what I read elsewhere, she did have an EpiPen, and did use it on herself before passing.


10 posted on 08/21/2024 11:52:22 AM PDT by NEMDF
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To: DallasBiff

Dairy allergies can develop after breast feeding time. Some children do poorly on cow milk based formula. Our children are adopted, and so had a mix of breast milkand formula. The two who are black have dairy sensitivity (common among black and oriental people), oneof them severely.


11 posted on 08/21/2024 12:15:26 PM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: DallasBiff

My girlfriend is deathly allergic to shellfish. I can not eat red meat. People have weird allergies.


12 posted on 08/21/2024 12:18:04 PM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
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To: usurper

“Not long after having eaten, Tangsuan began having trouble breathing, went into a nearby restaurant and collapsed. The complaint says she was having a “severe acute allergic reaction to the food served at Raglan.”

Tangsuan used her EpiPen to help stop her allergic reaction while a bystander called 911, the complaint says. Her husband, who had gone back to their hotel room, was unaware of what was happening, it says.”

https://www.nbcnews.com/news/us-news/disney-says-man-cant-sue-wifes-death-agreed-disney-terms-service-rcna166594


13 posted on 08/21/2024 12:23:34 PM PDT by Mr Rogers (We're a nation of feelings, not thoughts.)
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To: Dr. Sivana
Well it seemed the woman who died, was Asian, and Asian diets have very low dairy, except for India(yogurt and such).

Also if she had such a bad dairy allergy, why wasn't she carrying an epipen, as a previous poster noted.

14 posted on 08/21/2024 12:27:56 PM PDT by DallasBiff (Apology not accepted.la is not the sharpest knife in the drawer)
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To: desertsolitaire

With many playgrounds covered in shredded rubber, today’s city kids never even touch the earth. The misguided obsession with “safety” has birthed a weak generation.


15 posted on 08/21/2024 12:34:22 PM PDT by bk1000 (Banned from Breitbart)
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To: delchiante

The loophole is no doubt in every single streaming agreement we agreed to.

It’s just the Disney lawyers are real scumbags. Perhaps the other streaming services don’t own restaurants or other services that can harm consumers...yet. All the lawyers are putting this tool in their toolbag.


16 posted on 08/21/2024 12:48:36 PM PDT by ProtectOurFreedom (“When exposing a crime is treated like a crime, you are being ruled by criminals” – Edward Snowden)
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To: DallasBiff

Disney does not want to face the chance that part of their entire arbitrator conspiracy will be struck down by the courts.

Honestly for the most part the Arbitrator process is a scam that should be highly illegal. The Arbitrators work for the companies that hire them and they are not going to bite the hand that feeds them. The customers face huge injustice at the hands of those frauds who eat lunch with reps from the company that hired them.

Banks are now getting in on it. Proclaiming that any dispute with them cannot go to court, but must go to their personally owned arbitrator. Can you imagine the bank telling you that thousands of dollars in your savings account is just gone and that you the customer is responsible. Their Arbitrator will agree and you won’t be able to take them to court over it. It is all total fraud.
If you want to opt out then you have to send them a letter(No Email), and you get no confirmation if they received that letter or not. Of course they will say they did not if you ever had to sue them. You can’t just go in the bank and say “I opt out”.
Once again a total scam!

And it is my understanding that congress is somehow responsible for passing legislation years back that supports this travesty. I highly question that the forced process is constitutional.


17 posted on 08/21/2024 1:21:09 PM PDT by Revel
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To: DallasBiff

I have always marveled at the stupidity of people with extreme food allergies who nonetheless eat out at restaurants with minimum wage employees preparing their food. And a DOCTOR no less! SMH.


18 posted on 08/21/2024 2:56:44 PM PDT by montag813
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To: EnderWiggin1970

I have read a lot of articles that support your theory.

The immune system needs to learn to work right at a young age.

I also remember the days when kids were alleged to have died from choking on a peanut, something you don’t hear of today. I have wondered for some time now if it wasn’t anaphylaxis that closed their windpipe.

As an aside, didn’t this person carry an Epi-Pen and Benadryl? Someone with allergies so severe should ALWAYS be prepared for an emergency.


19 posted on 08/21/2024 5:09:18 PM PDT by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus”)
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To: Mr Rogers

She died at the HOSPITAL no less?

What?

Don’t they know how to intubate someone or treat a severe allergic reaction???


20 posted on 08/21/2024 5:13:20 PM PDT by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus”)
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