Disney+ Subscription Agreement Prevents Spouse Of Allergy Death Victim From Suing, Says Company
Disney+ Subscription Agreement Prevents Spouse Of Allergy Death Victim From Suing, Says Company
Disney argues that Piccolo, a The Walt Disney Company (NYSE:DIS) contended that a wrongful death lawsuit against it should be dismissed, citing an arbitration clause in their streaming service agreement.
沃尔特迪士尼公司（纽交所：DIS）声称一项针对其的误杀诉讼应该被驳回，称其流媒体服务协议中有一项仲裁条款。
What Happened: The lawsuit was initiated by Jeffrey Piccolo, following the death of his wife, Kanokporn Tangsuan, who allegedly suffered a fatal allergic reaction after dining at an Irish pub in Disney Springs, reported the Associated Press.
起因：根据美联社报道，杰弗里·皮科洛（Jeffrey Piccolo）提起诉讼，原因是他的妻子Kanokporn Tangsuan在Disney Springs的一个爱尔兰酒吧用餐后，据称遭受了致命过敏反应。
The lawsuit seeking more than $50,000, lodged in February, claims that Tangsuan died after consuming food she was assured was allergen-free at the pub.
该诉讼于二月份提出，要求超过50,000美元的赔偿。原告称，唐萱在酒吧用餐时被保证食物中没有过敏原，但实际上她食用的食物中仍含有过敏原，导致了她的死亡。
Disney argues that Piccolo, a Disney+ subscriber, consented to resolve any disputes through arbitration when he signed up for the service. "The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," the company wrote in its motion.
迪士尼声称皮科洛是Disney+的订阅用户，当他注册该服务时已同意通过仲裁解决任何争议。公司在申请中写道：“使用条款和订户协议中都有一个仲裁条款。”
"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.'"
“订户协议的第一页用大写字母写明，‘除了小额索赔外，任何您和我们之间的争议都受制于阶级行动豁免，必须通过个人仲裁来解决’。
However, Piccolo's attorney contends that it is unreasonable to assume that Disney+ subscribers have forfeited all rights to sue the company and its affiliates indefinitely, even for cases unrelated to the streaming service, the report noted citing Aug. 2 filing.
然而，皮科洛的律师认为，假设Disney+的订阅用户已经放弃了无限期起诉公司及其关联方的权利，即使是与流媒体服务无关的案件，这是不合理的，该报告引用了8月2日的提交。
On late Wednesday, the company expressed sympathy over the family's loss but stressed that Disney does not own or operate the Irish pub.
公司在周三晚些时候对家庭的损失表示同情，但强调迪士尼不拥有或经营该爱尔兰酒吧。
The company did not immediately respond to Benzinga's request for comments. A hearing on Disney's motion is slated for Oct. 2.
公司尚未立即回复本赛纳对此事的评论要求。Disney的动议听证会定于10月2日举行。
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Why It Matters: Disney's legal troubles have escalated over the last few months. In July 2024, Disney failed to have a lawsuit filed by former "Mandalorian" star Gina Carano dismissed.
背景：迪士尼的法律困境在过去几个月里不断升级。今年7月，前《曼达洛人》明星吉娜·卡拉诺（Gina Carano）提出的诉讼未获驳回。
Carano was let go from the Disney+ Star Wars series after the studio labeled her social media posts as "abhorrent" and "denigrating" to cultural and religious identities.
演员吉娜·卡拉诺在迪士尼+的星球大战系列中被开除，因为迪士尼工作室认为她的社交媒体帖子“令人憎恶”并“贬低”文化和宗教身份。
In June, an antitrust suit concerning Disney's ownership of Hulu and ESPN also moved forward.
6月份，一项关于迪士尼拥有Hulu和ESPN的反垄断诉讼也取得了进展。
Meanwhile, earlier this month, the company reported its third-quarter earnings, revealing a 4% year-on-year growth to $23.16 billion, largely driven by subscription revenue growth for Disney+.
与此同时，本月早些时候，公司发布了第三季度财报，显示营业收入达231.6亿美元，同比增长4%，其中迪士尼+的订阅用户数增长为主要推动因素。
Price Action: At the time of writing, Disney stocks were slightly down during the after-hours session trading at $86.20. During the regular session, the stock was up by 0.82%, reaching $86.30.
价格行动：截至撰写时，迪士尼的股票在盘后交易中略有下跌，为86.20美元。在交易日中，该股票上涨了0.82%，达到了86.30美元。
