It was in October that the family had eaten at the Raglan Road restaurant in the amusement park Disney World in Florida.
The woman, who had a severe lactose and nut allergy, had been assured by the serving staff that her food was free from just that – but barely an hour after dinner, she got breathing difficulties and collapsed. She later died at the hospital due to an allergic reaction.
But when the woman's husband tried to sue Disney, the company claimed it wasn't possible. The man had, after all, five years earlier registered for a month's trial subscription to Disney's streaming service Disney+ – and in the terms of use, there was a point stating that by subscribing, one agrees to settle any disputes with the company outside of court.
The case has received widespread attention. The man's lawyer has argued that it is "absurd" to assume that all 150 million users who subscribe to Disney+ have thereby waived all rights to sue the company and its subsidiaries forever, due to a clause that he believes was buried in the fine print.
Now Disney is backing down and allowing the man's lawsuit.
"At Disney, we strive to put humanity above all other considerations," says Josh D'Amaro, chairman of the company's theme park division, in a comment to the AP news agency.
"With such unique circumstances as in this case, we believe that this situation warrants us expediting a solution for the family that has experienced such a painful loss," he continues.
