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The media giant has withdrawn a controversial attempt to settle a wrongful death case in arbitration.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 ...
Also Disney saying they are immune because of a subscription to a Disney streaming service is equally ridiculous.
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.
“vaccines”
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.
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.
I don't know, but all my friends with food allergies or a problem with bee stings carry Eppi Pins.
This was avoidable.
Disney+ subscribers scouring their terms and conditions with their lawyers after news that Disney will use that tool in their legal tool belt...
:)
From what I read elsewhere, she did have an EpiPen, and did use it on herself before passing.
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.
My girlfriend is deathly allergic to shellfish. I can not eat red meat. People have weird allergies.
“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.”
Also if she had such a bad dairy allergy, why wasn't she carrying an epipen, as a previous poster noted.
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.
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.
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.
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.
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.
She died at the HOSPITAL no less?
What?
Don’t they know how to intubate someone or treat a severe allergic reaction???
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.