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Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

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Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'
News

News

Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

2024-08-16 06:03 Last Updated At:06:11

A wrongful death lawsuit against Walt Disney Parks and Resorts is serving as a reminder to consumers of the importance of reading the fine print when signing up for a streaming service or smartphone app.

The lawsuit was filed by the family of a New York woman who died after eating at a restaurant in Disney Springs, an outdoor dining, shopping and entertainment complex in Florida owned by Disney.

Disney is arguing that the lawsuit should be dropped because the plaintiff, the woman's husband, once signed up for a trial subscription of the Disney+ streaming service. That service, they argue, includes a subscriber agreement in which the customer agrees to settle any lawsuits against Disney out of court through arbitration.

Such agreements, which customers quickly consent to by clicking “I agree” when downloading an app or a streaming service, are so stacked against the consumer that it's often difficult to offer good legal advice, said John Davisson, director of litigation at the Electronic Privacy Information Center.

“The consumer is presented with this contract and really doesn’t have an opportunity to negotiate the terms," Davisson said. "It’s yes or no.”

Kanokporn Tangsuan's family says in the lawsuit that the 42-year-old New York doctor had a fatal allergic reaction after eating at an Irish pub in Disney Springs.

The lawsuit claims Tangsuan and her husband, Jeffrey Piccolo, and his mother decided to eat at Raglan Road in October 2023 because it was billed on Disney's website as having “allergen free food.”

The suit alleges Tangsuan informed their server numerous times that she had a severe allergy to nuts and dairy products, and that the waiter “guaranteed” the food was allergen-free.

About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and died at a hospital, according to the lawsuit.

A medical examiner determined she died as a result of “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said.

Disney said in a statement this week that it is “deeply saddened” by the family's loss but stressed that the Irish pub, which also is being sued, is neither owned nor operated by the company.

More notably from a consumer protection standpoint, Disney argues that Piccolo had agreed to settle any lawsuits against Disney out of court through arbitration when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.

“The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’,” the company wrote in a motion seeking to have the case dismissed.

Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.

Piccolo’s lawyer, in a response filed this month, argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity — especially when their case has nothing to do with the popular streaming service.

While it's difficult to give consumers actionable advice when such agreements are so lopsided in favor of companies, Davisson suggested supporting lawmakers and regulators who are attentive to these issues.

The Federal Trade Commission has historically supported the idea of disclosure terms protecting companies, even though the agreements are often dense and hard for typical consumers to comprehend. But Davisson says there has been a shift among policymakers and federal regulators.

“Generally, it’s understood that it is literally impossible for consumers to read and interpret and fully understand all of the contracts that they’re being asked and expected by the law to agree to and abide by as they go about their day,” he said. “Especially in an increasingly online world in which we’re interacting with dozens or hundreds of platforms and services a day.”

Lewis reported from New York and Murphy from Oklahoma City.

Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

FILE - A Disney logo forms part of a Disney Plus menu on a computer screen in Walpole, Mass., on Nov. 13, 2019. (AP Photo/Steven Senne, File)

FILE - A Disney logo forms part of a Disney Plus menu on a computer screen in Walpole, Mass., on Nov. 13, 2019. (AP Photo/Steven Senne, File)

Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

LONDON (AP) — A British teen pleaded guilty Monday to murdering three girls and attempting to kill 10 other people in what a prosecutor said was a “meticulously planned” stabbing rampage at a Taylor Swift-themed dance class in England last summer.

Axel Rudakubana, 18, entered the surprise plea as jury selection had been expected to begin at the start of his trial in Liverpool Crown Court.

The July 29 stabbings sent shock waves across the U.K. and led to a week of widespread rioting across parts of England and Northern Ireland after the suspect was falsely identified as an asylum-seeker who had recently arrived in Britain by boat. He was born in Wales.

The attack occurred on the first day of summer vacation when the little girls at the Hart Space, a sanctuary hidden behind a row of houses, were in a class to learn yoga and dance to the songs of Taylor Swift. What was supposed to be a day of joy turned to terror and heartbreak when Rudakubana, armed with a knife, intruded and began stabbing the girls and their teacher in the seaside town of Southport in northwest England.

“This was an unspeakable attack — one which left an enduring mark on our community and the nation for its savagery and senselessness," Deputy Chief Crown Prosecutor Ursula Doyle said. “A day which should have been one of carefree innocence; of children enjoying a dance workshop and making friendship bracelets, became a scene of the darkest horror as Axel Rudakubana carried out his meticulously planned rampage.”

Prosecutors haven’t said what they believe led Rudakubana — who was days shy of his 18th birthday — to commit the atrocities, but Doyle said that it was clear he had a “a sickening and sustained interest in death and violence.”

Rudakubana had consistently refused to speak in court and did so once again when asked to identify himself at the start of the proceedings. But he broke his silence when he was read the 16-count indictment and asked to enter a plea, replying “guilty” to each charge.

He pleaded guilty to three counts of murder, 10 counts of attempted murder and additional charges related to possessing the poison ricin and for having an al-Qaida manual.

Rudakubana faces life imprisonment when sentenced Thursday, Justice Julian Goose said.

Defense lawyer Stanley Reiz said that he would present information to the judge about Rudakubana's mental health that may be relevant to his sentence.

The surviving victims and family members of those killed were absent in court, because they had expected to arrive Tuesday for opening statements.

Goose asked the prosecutor to apologize on his behalf that they weren't present to hear Rudakubana plead guilty.

He pleaded guilty to murdering Alice Da Silva Aguiar, 9, Elsie Dot Stancombe, 7, and Bebe King, 6.

Eight other girls, ranging in age from 7 to 13, were wounded, along with instructor Leanne Lucas and John Hayes, who worked in a business next door and intervened. Fifteen other girls, as young as 5, were at the class but uninjured. Under a court order, none of the surviving girls can be named.

Hayes, who was stabbed and seriously wounded, said he still had flashbacks to the attack and was “hugely upset at the time that I wasn’t able to do more.”

“But I did what I could in the circumstances,” he told Sky News. “I’m grateful to be here, and by all accounts I’ll make a full recovery, at least physically. … I’m going to be OK and others won’t be, and that’s really where I I think the focus of attention should be.”

Police said the stabbings weren’t classified as acts of terrorism because the motive wasn’t known.

Several months after his arrest at the scene of the crime, Rudakubana was charged with additional counts for production of a biological toxin, ricin and possession of information likely to be useful to a person committing or preparing to commit an act of terrorism for having the manual in a document on his computer.

Police said they found the evidence during a search of his family's home in a neighboring village.

The day after the killings — and shortly after a peaceful vigil for the victims — a violent group attacked a mosque near the crime scene and pelted police officers with bricks and bottles and set fire to police vehicles.

Rioting then spread to dozens of other towns over the next week when groups made up mostly of men mobilized by far-right activists on social media clashed with police during violent protests and attacked hotels housing migrants.

More than 1,200 people were arrested for the disorder and hundreds have been jailed for up to nine years in prison.

Media waits outside Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Axel Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

Media waits outside Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Axel Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

A prison van believed to contain Axel Rudakubana leaves Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

A prison van believed to contain Axel Rudakubana leaves Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

In this Court artist sketch by Elizabeth Cook, Southport stabbings suspect Axel Rudakubana appears on the first day of his trial at Liverpool Crown Court, where he has pleaded guilty to killing three young girls and wounded 10 other people in a knife attack at a Taylor Swift-themed dance class, in Liverpool, England, Monday, Jan. 20, 2025. (Elizabeth Cook/PA via AP)

In this Court artist sketch by Elizabeth Cook, Southport stabbings suspect Axel Rudakubana appears on the first day of his trial at Liverpool Crown Court, where he has pleaded guilty to killing three young girls and wounded 10 other people in a knife attack at a Taylor Swift-themed dance class, in Liverpool, England, Monday, Jan. 20, 2025. (Elizabeth Cook/PA via AP)

People queue at Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Axel Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

People queue at Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Axel Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

A prison van believed to contain Axel Rudakubana arrives at Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

A prison van believed to contain Axel Rudakubana arrives at Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

A prison van believed to contain Axel Rudakubana arrives at Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

A prison van believed to contain Axel Rudakubana arrives at Liverpool Crown Court in Liverpool, England, Monday, Jan. 20, 2025 where Rudakubana is charged with killing three girls and wounding 10 other people in a stabbing rampage at a Taylor Swift-themed dance class in England last summer.(AP Photo/Jon Super)

FILE - Police officers watch members of the public outside the Town Hall in Southport, England, Aug. 5, 2024 after three young girls were killed in a knife attack at a Taylor Swift-themed holiday club the week before. (AP Photo/Darren Staples, File)

FILE - Police officers watch members of the public outside the Town Hall in Southport, England, Aug. 5, 2024 after three young girls were killed in a knife attack at a Taylor Swift-themed holiday club the week before. (AP Photo/Darren Staples, File)

FILE - Tributes are seen outside the Town Hall in Southport, England, Aug. 5, 2024 after three young girls were killed in a knife attack at a Taylor Swift-themed holiday club the week before. (AP Photo/Darren Staples, File)

FILE - Tributes are seen outside the Town Hall in Southport, England, Aug. 5, 2024 after three young girls were killed in a knife attack at a Taylor Swift-themed holiday club the week before. (AP Photo/Darren Staples, File)

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