Disney's Motion to Dismiss Widow's Wrongful Death Lawsuit Faces Legal Hurdle
Background of the Case
A lawsuit has been filed against Walt Disney Parks and Resorts for the wrongful death of a woman who died from a severe allergic reaction. The lawsuit was filed by Jeffrey Piccolo, a 42-year-old doctor from New York. Piccolo is seeking $500,000 in damages from Disney.
Disney's Motion to Dismiss
Disney has filed a motion to dismiss the lawsuit, arguing that it should be sent to arbitration. Disney claims that Piccolo and his wife signed an arbitration agreement when they purchased their tickets to the park. This agreement requires that any disputes be resolved through arbitration, rather than in court.
Legal Hurdle for Disney
Piccolo is arguing that the arbitration agreement is invalid because it was not clear and conspicuous. He claims that he and his wife were not aware that they were signing an arbitration agreement when they purchased their tickets. Piccolo is also arguing that the arbitration agreement is unfair because it gives Disney an unfair advantage.
The judge in the case has not yet ruled on Disney's motion to dismiss. However, the legal hurdle that Disney is facing could make it difficult for the company to have the lawsuit dismissed.
Importance of Arbitration Agreements
Arbitration agreements are becoming increasingly common in consumer contracts. These agreements require that disputes be resolved through arbitration, rather than in court. Arbitration is often faster and less expensive than litigation, and it can be more private.
However, arbitration agreements can also be unfair to consumers. Consumers may not be aware that they are signing an arbitration agreement, and they may not understand the implications of the agreement. Arbitration agreements can also give companies an unfair advantage, as they can choose the arbitrator and the rules of the arbitration.
Conclusion
The case of Piccolo v. Disney is a reminder of the importance of carefully reviewing arbitration agreements before signing them. Consumers should be aware of the implications of these agreements and should only sign them if they understand and agree to the terms.
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