• leisesprecher@feddit.org
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      5 months ago

      Or at least reasonable.

      It’s perfectly reasonable for, say, a tattoo artist not to be liable for the medical bills, if the ink causes a hitherto unknown allergy to kick in.

      It’s not reasonable to argue that a streaming service agreement covers liability for being cut in half by a train.

      There has to be a reasonable understanding of the underlying risks that are covered. Some things are just inherently risky, and if the buyer knows and understands that, she can agree on taking that risk. Otherwise, no doctor would ever touch any patient ever again.

      • corsicanguppy@lemmy.ca
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        5 months ago

        no doctor would ever touch any patient ever again.

        My country has heavy immunity for doctors. I think we can’t sue them, like it’s automatically a regional arbitration hearing, and at no point can one get “pain and suffering” but only “recoup of costs to fix as much as possible” kind of stuff.

        So if the doc removes the wrong foot, he’ll lose his job, and you’ll get a pegleg or something like that.

        Hmm. Just reading that makes me think the rate of vindictive doctor slayings is too low for that to be true.

      • Urist@lemmy.ml
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        5 months ago

        Otherwise, no doctor would ever touch any patient ever again.

        Demonstrably false. In a public healthcare system it is also possible to have publicly funded patient injury compensation systems. Source: Live in Norway and we have both.

        • leisesprecher@feddit.org
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          5 months ago

          That’s not the same. You still don’t have any legal claims against the hospital or the doctor. You can’t sue your surgeon, because you missed, say another week of work because of some unexpected bleeding.

          • Urist@lemmy.ml
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            5 months ago

            Uhm what are you talking about? Why would I want to sue my surgeon?

            EDIT: The reasons why I would not sue my surgeon are:

            1. It is not a private legal matter, but a matter of adequate services rendered.
            2. The question of liability can be better answered by a specialized team of doctors that review my case than a jury.
            3. Legal action is an obstacle made to disenfranchise those that cannot afford counsel, which is why the US loves it and we generally don’t.
            4. We have laws that demand reasonable judgement. Hence I cannot make a claim for damages due to some unrelated reason and they cannot evade guilt by the same tactic.

            If the surgeon did something illegal, this would be a different matter.

            • redfellow@sopuli.xyz
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              5 months ago

              The whole point of the discussion was that arbitration clauses should be illegal, since they prevent you from suing.

              Points were made, that it’s still a good thing for tattoo artists and doctors. Your earlier comment seemed to dispute this at first, but then pivoted to funds for damages (that exist and you can get without legal action.

              You were then told that’s besides the point of the discussion, since it was exactly about suing.

  • ngwoo@lemmy.world
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    5 months ago

    Make sure to pirate all Disney media instead of consuming it legally so that you can sue them if they try to kill you.

    • SuckMyWang@lemmy.world
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      5 months ago

      That’s what I don’t get about this. The point is either to get out of paying or at least make it very difficult. At the same time the cost to Disney as a company with all the bad press and fall out from doing this would be orders of magnitude greater than simply paying the widower compensation. Who signed off on it? The idea that a lawyer can do what ever it takes to win a case while simultaneously destroying the company they work for seems dumb as shit from a purely financial point of view.

  • cordlesslamp@lemmy.today
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    5 months ago

    It would cost Disney literally pocket change to compensate the widower, but instead they rather spend hundred of thousands of dollars for lawyers and legal fee to fight it.

    • Riven@lemmy.dbzer0.com
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      5 months ago

      They’re using this chance since they know they can easily dispute it to try and set precedent for terms and services being used in situations that don’t make sense.

      The judge will probably slap it down and they can still say that they don’t have anything to do with the restaurant and just walk away free, but it’s worth trying cause there’s plenty pro corpo judges now a days.

      • merc@sh.itjust.works
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        5 months ago

        A mall owned and operated by Disney, with Disney branding everywhere, and store names heavily influenced by Disney properties, like “BB Wolf’s Sausage Co.”, and where “Guest Services” is managed by Disney, and the property rules are Disneyworld’s property rules.

    • Imgonnatrythis@sh.itjust.works
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      5 months ago

      This is why those ToS are 71pages long. I don’t think there are many good judges out there anymore, but I hope the one that reviews this case goes absolutely ape-shit on Disney. There is a legal tradition of harsh punishments for criminals in examplar cases to set detterents to future crimes. The same needs to be done to reel in these corporations.

    • frezik@midwest.social
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      5 months ago

      FWIW, I don’t think the judge is going to go for it. Disney’s lawyers are the most bloodthirsty son of a bitch lawyers on Earth, but just because they make the argument doesn’t mean the court will accept it.

  • LANIK2000@lemmy.world
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    5 months ago

    I sincerely hope this shit blows up. May corporations providing “free” services forever be associated with literal devil’s contacts. Piracy is no longer just about sticking it to the man, it’s about freedom!

  • thanks_shakey_snake@lemmy.ca
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    5 months ago

    Disney said late Wednesday that it is “deeply saddened” by the family’s loss but stressed the Irish pub is neither owned nor operated by the company. The company’s stance in the litigation doesn’t affect the plaintiff’s claims against the eatery, it added.

    “We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” the company wrote in an emailed statement.

    For some reason that word “merely” just gets right under my skin. Like they KNOW it’s peak slimy, but they are just trying to do their job, man.

    …Which is to protect the company at the expense of anything else: Reason, decency, consumer rights…

    • Capricorn_Geriatric@lemmy.world
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      5 months ago

      Honestly, isn’t them invoking the arbitration clause a direct admission of guilt? Had they just came to court and said “we have nothing to do with it” they might’ve just gotten away with it. Like this, they literally drag themselves into the suit and say you can’t sue me. Not a good look.

    • CoffeeJunkie@lemmy.world
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      5 months ago

      Piracy, watching through a friend, BluRays & DVDs, hard copies & actually owning something as opposed to…perpetually renting access, owning nothing & being happy about it.

  • Overwrite1@lemm.ee
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    5 months ago

    Disney probably doesn’t care if this argument holds in a court of law. If it does, jackpot, they now have a get out of jail free card due to case law. Their main objective is to wear down the plaintiff financially or mentally so that they drop the case.

  • Obinice@lemmy.world
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    5 months ago

    Chat? This isn’t a chat room :P I guess it’s a forum, now that I think about it!

    Feck Disney, by the by, bloody awful how evil they are :-(

      • Baguette@lemm.ee
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        5 months ago

        I’m ancient apparently. Referring to chat always comes to my head as livestreaming on twitch.

        • NateNate60@lemmy.world
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          5 months ago

          You’re correct. Imitating this sort of speech even outside of Twitch is essentially the meme. The joke is that streamers get so inebriated with talking to the chat that even when no chat exists in real-life they still reflectively reference it. This meme started on TikTok but it has spread into general Gen Z pop culture.

  • mojofrododojo@lemmy.world
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    5 months ago

    Meanwhile, even though D+ wants to apply their TOS to the theme parks, if you buy a D+ gift card, those funds cannot be used at any of the theme parks lol.

    https://www.usatoday.com/story/travel/experience/theme-parks/2023/12/20/disney-plus-gift-card-accident/71995807007/?fbclid=IwZXh0bgNhZW0CMTAAAR3X1rH7JlfCdnTUyz73bhi5SLAEpTyc0vpA-zpL64nbOD9Ri9t7952jcDo_aem_K3wbukZX1gCnJQzBb3Biuw

    I can’t believe this is even a fucking thing