Disney is in the midst of a legal battle in which the company has cited the terms and conditions of their Disney+ streaming service to attempt to block a wrongful death lawsuit. This lawsuit is related to an alleged failure to provide appropriate allergy warnings on one of their broadcasts.
The lawsuit has been filed by the parents of Rueben Cohen, who passed away after suffering an extreme allergic reaction. According to Rueben’s parents, their son had a malicious peanut allergy and claims that Disney’s protocols failed to appropriately provide an allergy warning to a cooking show they aired on Disney+ where peanuts were used as a main ingredient. Thus, their son had been unknowingly affected leading to a severe allergic reaction that later caused his death.
However, Disney is arguing that the lawsuit should be dismissed on the grounds of their terms and conditions. These state explicitly that Disney is not liable for any personal injury or any other damages, including death, from using their service. They further argued that they cannot foresee every individual’s personal allergies, hence the impossibility of warning for every possible allergen.
In response, the parents have argued that a warning about the peanut content in the show is a basic requirement given a significant portion of the population is allergic to nuts. Yet, the outcome of the case remains uncertain and may set a precedent in online streaming service liability.
This dispute highlights the evolving nature of legal responsibility in the era of digital streaming. Whatever the outcome, this case is likely to prompt discussions about the scope of terms and conditions, and how detailed allergy and content warnings need to be.
