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Better Start Reading That ToS

Notarealsignguy

Arial - it's almost helvetica
It's ludicrous what these companies are doing now and even more so that they get away with it. These guys will beat you with money whether you are right or not. As much as I am for the free market, it'd be nice to see some more antitrust suits unfold to level out the playing field. Things are so concentrated now that you have no choice but to choke down whatever these companies demand you accept because there are no alternatives. Often times that is relinquishing your ownership rights or in this case tossing out their duty of consumer safety.
 

WildWestDesigns

Active Member
What's come about is more cronyism compared to a free market (not just within ranks, but favoritism for companies from government), but I digress. However, consumers have given a way their rights for a long time now, it's just the period of the slow boil is over.

There are alternatives, people for one reason or another don't move to them, some justified, some not. Sometimes one has to do it piece meal, but have to start somewhere and have to be willing to take chances on those alternatives, most (at least 51%) aren't willing to do that.
 

Gino

Premium Subscriber
Why only $50k ?? It should be more like $50million. Sounds like PURE negligence and stupidity on the restaurant's part. Who's property is the restaurant on ?? Do they pay rent to disney ?? Does disney get A N Y T H I N G out of their being on that precise spot ??
 

Boudica

I'm here for Educational Purposes
It read to me like the restaurant made it very clear that there was dairy and nuts in the food, but the people ate it anyway.
I fully agree it's slimy to sneak in absolve of any responsibility relating to anything Disney into a streaming app, but the lawsuit is for wrongful death when they were fairly warned.
 

Goatshaver

Shaving goats and eating bushes
These ELUAs are getting out of hand. They are using this is a very devious manner and this absolutely needs to stop. I don't have hope that the government will do anything about it though.
 

Gino

Premium Subscriber
It read to me like the restaurant made it very clear that there was dairy and nuts in the food, but the people ate it anyway.
I fully agree it's slimy to sneak in absolve of any responsibility relating to anything Disney into a streaming app, but the lawsuit is for wrongful death when they were fairly warned.

I read it..... that the couple repeatedly expressed her diet needs and the restaurant was negligent, as in the autopsy she was found to have high levels of what they were warned against. That's some serious food poisoning.
 

WildWestDesigns

Active Member
It read to me like the restaurant made it very clear that there was dairy and nuts in the food, but the people ate it anyway.
I fully agree it's slimy to sneak in absolve of any responsibility relating to anything Disney into a streaming app, but the lawsuit is for wrongful death when they were fairly warned.
When my niece was younger and she was at a Disney park, she had to be careful what she ate. The chef actually came out and told her this is what he could make that would fit those needs.

Now in today's climate, probably a different story. If they had kept quite and said nothing, I would agree with you. Once it was known about the issues, the staff should have either said "Sorry, due to what we have and what's handle in the kitchen, we can't cook anything that fits your needs". Probably would have lost the customer, but that would have been better compared to dragging a non related ToS. And just imagine if that does pass muster. I wouldn't set foot in the parks (well, I wouldn't anyway, this just makes it easier) for fear of anything happening and them using the ToS as a cop out.
 

Boudica

I'm here for Educational Purposes
I read it..... that the couple repeatedly expressed her diet needs and the restaurant was negligent, as in the autopsy she was found to have high levels of what they were warned against. That's some serious food poisoning.
Your right. I just read it again and found what I misread.
 

weyandsign

New Member
If I had a life threatening food allergy, I wouldn't trust some random pub at Disney world to listen to my "diet needs". Food orders are made wrong way too often to risk that.
 

Gino

Premium Subscriber
Not having any food allergies of my own...... why would someone severely allergic to certain things, order something which normally contains a lot of those things, and figure the cook can figure out substitutes ?? It's still wrong the cook made it wrong, but after re-thinking this, the buyer has a part in this, too. If I was allergic to dairy, I wouldn't order a pizza..... not safely.
 

WildWestDesigns

Active Member
Not having any food allergies of my own.
Ironically, one can develop food allergies at any time. You can actually get them with food that you have eaten for yrs. Always a risk.

But here is the thing. What happens if it's due to wrong handling of the food? That doesn't matter if you have allergies or not. We all run that risk going into any place to eat, we do have an expectation of certain standards. No go into any random places to eat here (there was an outbreak of hep here at an eatery). Does that get shoved aside due to some ToS? I don't like that they are linking it to a ToS. It should be handled on the merits of the case, ToS isn't one.

Bare in mind, I would agree with the customers having some blame (or all blame) if there was no alerting of their needs. It was up to the chef and/or staff to say no we can't do that or it's really risky for us to do that. Once they still proceeded on, they accepted some of that risk. Linking it to a ToS to an unrelated good is something else (although apparently they do have the same thing when people get the tickets at their parks, so that holds more water to me (for whatever that means), but the ToS related to D+ shouldn't have even been mentioned.
 

Gino

Premium Subscriber
My wife had listeria a little over 2 months ago. It was really bad the first 2 to 3 weeks. She finally came home after almost 5 weeks in care units and whatnot. She's still suffering from many of the symptoms and is not doing great, yet. I found out, I will not get anything at a restaurant that is not cooked or on fire, cause no matter how the place prepares food..... anyone can get it, if not done properly. That goes for milk, salads, cold sandwiches or ANYTHING not cleaned or prepped well using heat. Who can I blame, since it can take up to 3 weeks til problems start showing up ??
 

weyandsign

New Member
My wife had listeria a little over 2 months ago. It was really bad the first 2 to 3 weeks. She finally came home after almost 5 weeks in care units and whatnot. She's still suffering from many of the symptoms and is not doing great, yet. I found out, I will not get anything at a restaurant that is not cooked or on fire, cause no matter how the place prepares food..... anyone can get it, if not done properly. That goes for milk, salads, cold sandwiches or ANYTHING not cleaned or prepped well using heat. Who can I blame, since it can take up to 3 weeks til problems start showing up ??
Did she eat boar's head lunch meat?
 

Gino

Premium Subscriber
Nope. She eats very little in the way of lunchmeat. However, I did see the first recall and then the next one. Yowsa.
 

Notarealsignguy

Arial - it's almost helvetica
for one reason or another don't move to them, some justified, some not. Sometimes one has to do it piece meal
That's exactly why people don't switch. They generally started with a particular software or system for ease and compatibility and it becomes entrenched in their operation. Then when people are reliant on it, like with illustrator, they change the terms so you either deal with it or are forced to make a slow and costly changeover to something else. Google workspace, anyone here aside from me run all their company emails through it and burned on that? Quickbooks. Adobe. Apple, Even the RIPs. It borders on predatory IMO. Not to mention when a potential rival pops up, they get bought out. Canva will go the same direction once they get enough people hooked. Companies used to have to work to keep their customers, now they just trap them.
 
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