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

 

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Disney is attempting to have a widower's wrongful death lawsuit dismissed and sent to arbitration because the man had signed up for a Disney+ account several years ago.

 

 

Jeffrey J. Piccolo sued Disney Parks and Resorts in February, months after his wife, Dr. Kanokporn Tangsuan, died after consuming food containing allergens at a restaurant in Disney World.

 

 

Piccolo said in his complaint that he, his wife and his mother went to dinner at Raglan Road Irish Pub and Restaurant in the Orlando, Florida, resort on Oct. 5. They asked several times whether Tangsuan's allergies could be accommodated, according to the complaint. Despite the server assuring them, Tangsuan had a severe allergic reaction after eating and died at a local hospital, the complaint said

 

 

 

Binding arbitration has been used by companies to avoid fault.

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2 hours ago, Ridgewaycynic2013 said:

Asked for $50,000, and Disney's fighting it on an obscure technicality?  Times must be tough for the mouse.


Reminiscent of McDonald’s lowballing the woman whose cooch got third degree burns from their coffee and later won a brinks truck off them. 

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4 minutes ago, US Egg said:

Only wants $50,000 for his wife’s wrongful death? 

Pretty sure the law governing this in Florida is for suits $50k+ and his ask is probably +.  It should be anyway.

 

The Mrs. is allergic to peanuts and tree nuts and stuff like this is always a tremendous concern when we eat out.  Things that are undisclosed or mislabeled or included when they shouldn't be can kill her.  She's had dishes come out that are supposed to be nut free on the menu come out with nuts all over and in them because someone in the back was careless. Baked goods? Forget it. People put all sort of stuff in those without telling anyone. There was a situation in a grocery store not too long ago, a 3rd party provider had made a bunch of cookies and mislabeled them, not including the allergens on the label. Yeah it's a mistake, but it's a mistake that can legitimately and very easily kill people.  The Mrs. travels to Orlando on business regularly and often goes to Disney Springs to eat. That will no longer be happening. Sure it can happen anywhere, but the way Disney is choosing to handle this, by denying responsibility and trying to hide behind arbitration tells me they don't feel any strong sense of urgency to change their policies and procedures at their restaurants because they feel shielded.

 

That Disney is trying to hide behind an agreement that was signed in reference to its streaming service or even because someone had bought a ticket to its theme park once is BS and hopefully the courts treat it that way and a jury gets to hear how they tried to weasel out of their responsibility.  If the restaurant was inside EPCOT and this happened there on the day they had gone to the park I could MAYBE see using this sort of agreement but it's not. Disney Springs is basically a mall for anyone who has never been.  It's not inside a park, you don't need a ticket, you can come and go as you please.

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10 hours ago, That's No Moon said:

Pretty sure the law governing this in Florida is for suits $50k+ and his ask is probably +.  It should be anyway.

 

The Mrs. is allergic to peanuts and tree nuts and stuff like this is always a tremendous concern when we eat out.  Things that are undisclosed or mislabeled or included when they shouldn't be can kill her.  She's had dishes come out that are supposed to be nut free on the menu come out with nuts all over and in them because someone in the back was careless. Baked goods? Forget it. People put all sort of stuff in those without telling anyone. There was a situation in a grocery store not too long ago, a 3rd party provider had made a bunch of cookies and mislabeled them, not including the allergens on the label. Yeah it's a mistake, but it's a mistake that can legitimately and very easily kill people.  The Mrs. travels to Orlando on business regularly and often goes to Disney Springs to eat. That will no longer be happening. Sure it can happen anywhere, but the way Disney is choosing to handle this, by denying responsibility and trying to hide behind arbitration tells me they don't feel any strong sense of urgency to change their policies and procedures at their restaurants because they feel shielded.

 

That Disney is trying to hide behind an agreement that was signed in reference to its streaming service or even because someone had bought a ticket to its theme park once is BS and hopefully the courts treat it that way and a jury gets to hear how they tried to weasel out of their responsibility.  If the restaurant was inside EPCOT and this happened there on the day they had gone to the park I could MAYBE see using this sort of agreement but it's not. Disney Springs is basically a mall for anyone who has never been.  It's not inside a park, you don't need a ticket, you can come and go as you please.

 

Does she take like 3 or 4 Benadryl before eating at a restaurant? I would be afraid to touch anything someone else prepared 😳

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that's a tough story.  we took the kids on a disney cruise this year, and one thing that stood out was how often they asked you about allergens.  at one point my wife and i were in an adult only bar, and the bartender asked us about allergens even when just ordering drinks.  my wife asked him about it, and he said it was drilled into their heads, (and i think he said contractually) that they had to ask every guest every time a consumable is ordered.  his specific comment was that if he didn't ask and something happened, the only thing disney would ask is if he wanted a window or aisle seat when they were sending him home.

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15 minutes ago, That's No Moon said:

Carries Benadryl and multiple epis everywhere.

 

I have one friend who is allergic to eggs, and they are hiding everywhere! Another friend got bit by a tick as an adult and is now allergic to red meat. He carries epis with him everywhere. At my kids middle school they have tables where nuts are always forbidden, and they made a huge deal of it. 

 

I don’t remember any of this when I was growing up. How much is because I was an ignorant kid, and how much of this is because we are doing things badly? 

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A couple of things with this case: this was at a non Disney owned restaurant Disney Springs, one I have been too multiple times, so I am sure that is part of Disneys defense. Secondly Disney restaurants do not mess around with Allergens ever and require the restaurants at Disney Springs to do the same BUT the quality control of the employees is not as high there as Disney itself. 

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17 minutes ago, Augie said:

 

I have one friend who is allergic to eggs, and they are hiding everywhere! Another friend got bit by a tick as an adult and is now allergic to red meat. He carries epis with him everywhere. At my kids middle school they have tables where nuts are always forbidden, and they made a huge deal of it. 

 

I don’t remember any of this when I was growing up. How much is because I was an ignorant kid, and how much of this is because we are doing things badly? 

The nut thing does seem to be growing but some of that is of our own doing by not exposing kids to them when they are young.  Allergies have always been a thing, ppl are just much more attuned to it these days.

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2 hours ago, That's No Moon said:

The nut thing does seem to be growing but some of that is of our own doing by not exposing kids to them when they are young.  Allergies have always been a thing, ppl are just much more attuned to it these days.

 

Agreed, kids need to be exposed to things in healthy ways. It’s not just allergies that seem rampant. Our family and friends include a bunch of kids on the autism spectrum that I just don’t remember from my earlier days. I’ve heard a bunch of theories, but have no ideas or agenda there. I just wish we could figure it out if we are doing something wrong. 

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4 hours ago, Augie said:

 

Agreed, kids need to be exposed to things in healthy ways. It’s not just allergies that seem rampant. Our family and friends include a bunch of kids on the autism spectrum that I just don’t remember from my earlier days. I’ve heard a bunch of theories, but have no ideas or agenda there. I just wish we could figure it out if we are doing something wrong. 

 

There was little training of teachers of kids who did not fit within 1 standard deviation of norm.   Kids with issues, good and bad, were mislabeled and poorly treated often resulting in causing more troubles for kids trying to make square pegs in round holes.

 

Issues are more recognized now but there are too many kids labeled with popular labels like ADHD.

I have a disabled daughter who after a great year in elementary school was forced out illegally by teachers who decided they did not want to mainstream kids with issues and wanted them in special ed with ONLY special ed teachers. 

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23 hours ago, Pecos Bills said:

While the Disney name and Disney+ legal strategy get all the attention here, it's worth noting the Raglan Road restaurant is not owned or operated by Disney World, but by Great Irish Pubs Florida.

Things the media does not highlight to get you to read a story. 

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1 hour ago, UConn James said:

IMG_0614.jpeg

 

Ohhh!!!  That little mouse has a dark side! Seems to be enjoying it, too. 

 

We’ve been on a number of cruises, maybe a half dozen and on all different cruise lines. The food varied greatly by trip, from really good (Windstar, the only line affiliated with the James Beard Foundation), to…….……Disney. It was the kids’  first cruise, and the food was designed to be good enough for them. 

 

The kids weren’t paying for the trip.  

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