Arbitration clauses must be made illegal
this post was submitted on 15 Aug 2024
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Or at least reasonable.
It's perfectly reasonable for, say, a tattoo artist not to be liable for the medical bills, if the ink causes a hitherto unknown allergy to kick in.
It's not reasonable to argue that a streaming service agreement covers liability for being cut in half by a train.
There has to be a reasonable understanding of the underlying risks that are covered. Some things are just inherently risky, and if the buyer knows and understands that, she can agree on taking that risk. Otherwise, no doctor would ever touch any patient ever again.
Arbitration is never the right answer. Fix the judicial system, don’t privatize it.
Disney allowed to kill your spouse because you watched the mandalorian
The dark arts of the mouse are a pathway to legal techniques some consider to be… unnatural.
Make sure to pirate all Disney media instead of consuming it legally so that you can sue them if they try to kill you.
That’s what I don’t get about this. The point is either to get out of paying or at least make it very difficult. At the same time the cost to Disney as a company with all the bad press and fall out from doing this would be orders of magnitude greater than simply paying the widower compensation. Who signed off on it? The idea that a lawyer can do what ever it takes to win a case while simultaneously destroying the company they work for seems dumb as shit from a purely financial point of view.
Is there any good magnet urls to Disney's whole collection?
Google this hash info: EF4211584F37CA70A4B1A2E47E7E833C79ABACBA
Doesn't work anymore :(
People don't realize how important the outcome of this court case will be.
It will likely be dismissed as Disney wasn't the company responsible for staffing or managing the restaurant.
Which sucks, because I desperately want to see Disney take another massive L in the spotlight of the mainstream news cycle.
It's gonna be nuts.
It's certainly going to cause a reaction.
It would cost Disney literally pocket change to compensate the widower, but instead they rather spend hundred of thousands of dollars for lawyers and legal fee to fight it.
Not to mention how abhorrent it makes the "family" company look.
How can a streaming service agreement apply to a restaurant ~~in a park~~?
This is why those ToS are 71pages long. I don't think there are many good judges out there anymore, but I hope the one that reviews this case goes absolutely ape-shit on Disney. There is a legal tradition of harsh punishments for criminals in examplar cases to set detterents to future crimes. The same needs to be done to reel in these corporations.
Piracy is the safe option then. Got it.
All it takes is one free trial. They got me, it's over.
Piracy, watching through a friend, BluRays & DVDs, hard copies & actually owning something as opposed to...perpetually renting access, owning nothing & being happy about it.
Disney said late Wednesday that it is “deeply saddened” by the family’s loss but stressed the Irish pub is neither owned nor operated by the company. The company’s stance in the litigation doesn’t affect the plaintiff’s claims against the eatery, it added.
“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement.
For some reason that word "merely" just gets right under my skin. Like they KNOW it's peak slimy, but they are just trying to do their job, man.
...Which is to protect the company at the expense of anything else: Reason, decency, consumer rights...
Honestly, isn't them invoking the arbitration clause a direct admission of guilt? Had they just came to court and said "we have nothing to do with it" they might've just gotten away with it. Like this, they literally drag themselves into the suit and say you can't sue me. Not a good look.
The way these big firms work is they make a bunch of almost contradictory arguments and you have to show they're all false in order to win the law suit.
So it'll look like:
- I didn't do it.
- Even if I did do it you can't prove it was me.
- Even if you can prove it was me I wouldn't be liable.
- Even if I was liable this has to be settled by arbitration.
So you have to get through arguments 4 and 3 first, to show that it's worth the court trying to find out what happened. Then they'll fight you tooth and nail on points 1 and 2 later.
No, it isn't. It's saying, look, we had nothing to do with this because it was outside of our reasonable control, and even if we were somehow in control of this independent entity, this is the wrong venue because they agreed to this arbitration clause.
Moreover, per another article on NPR, "Disney says Piccolo agreed to similar language again when purchasing park tickets online in September 2023. Whether he actually read the fine print at any point, it adds, is "immaterial."" In other words, he agreed to arbitration when he bought the ticket to Disney World, and it was while at the park, at an independent restaurant, that Ms. Tangsuan had a fatal allergic reaction.
Is that arbitration agreement reasonable? Personally, I lean towards no, but that's mostly because arbitration is almost always in favor of the corporation. If it was truly a neutral process? Then yeah, I'd mostly support it, because it's pretty easy for a defendant like Disney to bury any single plaintiff. (OTOH, it makes class action suits much harder.) Is it even valid, since it's the estate that's suing Disney, rather than her husband, and the estate didn't exist when the tickets were bought and so couldn't have agreed to the terms? Hard to say.
Yeah. "I didn't kill her. But even if I did, here's my get out of jail free card."