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Reply to "Doctor who died of allergic reaction at Disney Springs"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Anyone following the lawsuit updates? Disney is citing TOS from signing up for Disney + to force arbitration. They’re also claiming they don’t own/operate the restaurant even though it is on Disney property in an area with the name Disney Springs. Ultimately Disney may be able to win in the court of law on this, but I can’t help but think this is not going to go over well in the court of public opinion. Had they just settled I imagine a lot of people (outside the allergy community) may have forgotten about this incident. But now we are all realizing we’re signing over any rights to sue for anything totally unrelated just by signing up to watch movies. Also, the average customer is going to expect a restaurant on Disney property to have some sort of oversight by Disney. It seems disingenuous that they’ll put their name on something so it can make them more money S landlord, but then say sorry we’re not responsible. It reminds me of the little girl who was killed by a pool suction pipe when the cap was negligently not installed following a renovation. The hotel was called a Hilton but Hilton claims they just license out the name and aren’t responsible for the hotel. This creates such a false sense that when you’re eating at a restaurant, staying at a hotel, etc. that certain standards are being met based on the company’s reputation. This seems so unfair to consumers I don’t see how this allowed.[/quote] I don’t think it’s like the Hilton thing. Disney springs is basically just a mall. I don’t expect Disney to be responsible for the stuff Uniqlo sells at the disney spring store or the Starbucks at the disney spring store. The arbitration thing with disney plus is a little more weird but is her basis for suing disney that she made the reservation on the disney app? If her basis for the suit was that she used the app, that makes sense that the TOS would apply. [/quote] Yeah, anyone at all familiar with Disney knows that many of the Disney Springs restaurants are just renting space and aren't part of Disney. It's not a secret and there are different rules for these restaurants. For instance, for Disney restaurants you book reservations through the Disney system, but for independent restaurants you book through Open Table. That said, Raglan Road isn't a small operation and shouldn't be judgment proof. There are a few locations and they do tons of business at Disney Springs alone. [url]https://www.opentable.com/restaurant/profile/8023?ref=android-share&refid=123[/url][/quote] I haven’t read the complaint, but there is supposedly Disney branded advertising stating the place was allergy free [/quote] Its not an allergy free restaurant.[/quote] DP. To clarify: The couple chose the restaurant based on an app Disney created and Disney provides to park users; the app said this restaurant could accommodate her allergy. That is key to why Disney, not just the restaurant, is being sued. Disney-provided information directed allergic guests to this restaurant specifically. Disney doesn't own or run the restaurant, but gave guests the assurance this restaurant was "safe." [b]Separately--The fact that the woman was not merely given a trace of the allergens but ingested massive amounts of BOTH her fatal allergens in her one dish is insane. [/b]That level seems to me to go into the most profound negligence imaginable. "Mistake" seems nowhere near serious enough an explanation for giving a huge amount of two allergens to an allergic patron--who had carefully alerted the server and inquired more than once about the food. (Detailed coverage of the case has shown she had a massive amount of allergens in her system after eating food she was assured did not contain them.)[/quote] Can you provide a link to this? I just skimmed a handful of articles and none provided this information. [/quote]
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