Disney is currently facing a wrongful death lawsuit brought by the husband of a New York doctor who tragically passed away after suffering a severe allergic reaction at an Irish pub in Disney Springs. Disney is arguing that the husband had agreed to settle any disputes through arbitration when he signed up for a one-month trial of Disney+ in 2019, which included a binding arbitration clause. The company also notes that the husband agreed to a similar arbitration provision when he created an account on Disney’s website and app.
In response to Disney’s argument, the husband’s lawyer refuted the idea that agreeing to the terms when signing up for a free trial of Disney+ would waive all rights to sue the company in perpetuity. The lawyer called the notion “absurd” and unreasonable, stating that it would be unfair to prevent consumers from pursuing legal action against Disney or its affiliates in the future. Disney, however, maintains that the arbitration provision covers all disputes, including those involving the company or its affiliates.
Arbitration allows individuals to resolve disputes outside of court, with a neutral arbitrator making a binding decision. Disney expressed its sadness over the family’s loss but clarified that the Irish pub where the incident occurred is not owned or operated by the company. The company’s defense in the lawsuit does not impact the plaintiff’s claims against the restaurant. Disney Springs, where the pub is located, is owned by Disney, but the spaces within the complex are leased to other companies.
The lawsuit filed by the husband alleges that his wife, the NY doctor, suffered a severe allergic reaction after dining at the Irish pub, despite informing the server multiple times about her allergies. The server reportedly assured the family that the food was allergen-free, although some items did not have allergy flags. The doctor collapsed and eventually passed away after self-administering an EpiPen during the allergic reaction. An investigation determined that she died from anaphylaxis due to elevated levels of dairy and nut in her system.
A hearing on Disney’s motion to dismiss the lawsuit is scheduled for October in county court in Orlando. The husband is seeking more than $50,000 in damages in the lawsuit. Disney has emphasized that it is simply defending itself against being included in the lawsuit against the restaurant, and the focus remains on the family’s claims against the eatery. The Irish pub, Raglan Road, has not provided any comment on the matter.
