Disney Terms Prevent Allergy Death Lawsuit
Disney World Argues a Man Cannot Sue It Over the Death of His Wife
Disney World is arguing that a man cannot sue it over the death of his wife, who died after eating food that contained allergens she was allergic to. In a legal filing, lawyers for Walt Disney Parks and Resorts said the matter should be referred to an outside arbitrator because when she purchased a meal at Raglan Road Irish Pub and Restaurant, she and her husband agreed to a binding arbitration agreement.
Medical Examiner's Investigation
A medical examiner's investigation determined that the woman died as a result of anaphylaxis due to elevated levels of dairy and nut in her system. The lawsuit says that the woman repeatedly notified staff at the restaurant of her severe nut and dairy allergies, but that the food she was served still contained those allergens.
Lawyers Claim
The woman's husband is suing Disney World for wrongful death, negligence, and breach of contract. His attorneys claim that Disney World failed to properly train its staff on food allergies and that the company did not take adequate steps to prevent the woman from being served food that contained allergens she was allergic to.
Disney's Response
Disney World has denied the allegations in the lawsuit. The company says that it takes food allergies very seriously and that it has a number of policies and procedures in place to prevent guests from being served food that contains allergens they are allergic to.
Arbitration Agreement
The arbitration agreement that Disney World is relying on is a standard form contract that is presented to all guests who purchase a meal at one of its restaurants. The agreement states that any disputes between the guest and Disney World must be resolved through binding arbitration.
Legal Experts Weigh In
Legal experts say that the outcome of the lawsuit will likely depend on whether the court finds that the arbitration agreement is valid. If the court finds that the agreement is valid, the case will be referred to an outside arbitrator and the lawsuit will not be allowed to proceed in court.
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