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.
沃爾特迪士尼公司（紐交所：DIS）聲稱一項針對其的誤殺訴訟應該被駁回，稱其流媒體服務協議中有一項仲裁條款。
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：根據美聯社報道，傑弗裏·皮科洛（Jeffrey Piccolo）提起訴訟，原因是他的妻子Kanokporn Tangsuan在Disney Springs的一個愛爾蘭酒吧用餐後，據稱遭受了致命過敏反應。
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.
該訴訟於二月份提出，要求超過50,000美元的賠償。原告稱，唐萱在酒吧用餐時被保證食物中沒有過敏原，但實際上她食用的食物中仍含有過敏原，導致了她的死亡。
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.
迪士尼聲稱皮科洛是Disney+的訂閱用戶，當他註冊該服務時已同意通過仲裁解決任何爭議。公司在申請中寫道：「使用條款和訂戶協議中都有一個仲裁條款。」
"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.'"
“訂戶協議的第一頁用大寫字母寫明，『除了小額索賠外，任何您和我們之間的爭議都受制於階級行動豁免，必須通過個人仲裁來解決』。
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，皮科洛的律師認爲，假設Disney+的訂閱用戶已經放棄了無限期起訴公司及其關聯方的權利，即使是與流媒體服務無關的案件，這是不合理的，該報告引用了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.
公司在週三晚些時候對家庭的損失表示同情，但強調迪士尼不擁有或經營該愛爾蘭酒吧。
The company did not immediately respond to Benzinga's request for comments. A hearing on Disney's motion is slated for Oct. 2.
公司尚未立即回覆本賽納對此事的評論要求。Disney的動議聽證會定於10月2日舉行。
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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過去幾個月裏不斷升級。今年7月，前《曼達洛人》明星吉娜·卡拉諾（Gina Carano）提出的訴訟未獲駁回。
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.
演員吉娜·卡拉諾在迪士尼+的星球大戰系列中被開除，因爲迪士尼工作室認爲她的社交媒體帖子「令人憎惡」並「貶低」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，一項關於迪士尼擁有Hulu和ESPN的反壟斷訴訟也取得了進展。
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+.
與此同時，本月早些時候，公司發佈了第三季度業績，顯示營業收入達231.6億美元，同比增長4%，其中迪士尼+的訂閱用戶數增長爲主要推動因素。
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.
價格行動：截至撰寫時，迪士尼的股票在盤後交易中略有下跌，爲86.20美元。在交易日中，該股票上漲了0.82%，達到了86.30美元。
