Legal hurdles put up by multinationals – “read the fine print”
Published on August 26, 2024 by Maithri Panagoda AM
Walt Disney is one of the most popular vacation destinations in the world, attracting millions of visitors each Year.
In February 2024, Jeffrey Piccolo, the husband of a 42-year-old woman who died last year due to an allergic reaction that occurred after eating at a restaurant in the Disney Springs shopping complex in Orlando filed a claim for wrongful death.
Family members said they chose the eatery because Disney and Raglan advertised that it made accommodating people with food allergies a top priority.
Lawyers for Disney argued that Piccolo’s use of the Walt Disney Parks’ website to purchase Epcot Centre tickets also shielded the company from court proceedings.
Piccolo had created a Disney Plus account and clicked “Agree & Continue”. The Agreement stated: “Any dispute between you and us, except for small claims, is subject to a class-action waiver and must be resolved by binding arbitration”.
Piccolo never thought that by creating the account, he would be signing away his right to sue, particularly in a situation where his wife died due to alleged negligence on the part of the restaurant.
It is obvious that Disney wished to avoid adverse publicity which would happen if the matter went to court but preferred an arbitration away from public attention.
On the other hand, the claimant would hope for a higher verdict in his favour, particularly if the case went before a jury.
It is not uncommon for large and well-resourced companies to use the “small print” to frustrate potential litigants, whether it is in the United States or Australia.
As consumers, we find it easy to “click” a box and proceed with completing Agreements. Very few of us would take the trouble to read the dense terms of an Agreement, particularly the small print.
The lesson to learn is that it is important to make oneself familiar with the fine print, specific terms, conditions, limitations of an Agreement or if in doubt, get legal advice.
Thankfully, in Piccolo’s’s case, Disney has now reversed its stance and agreed to waive its right to arbitration. The case will now proceed to trial in court.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
