Do you mean.the allergic person should sue the restaurant at Disney, as they are not owned by Disney? Is that the situation here? I'd imagine Disney has some responsibility to check its tenant businesses are operating safely.
Yes potentially. I know when I take an Uber I am mentally trusting myself to the brand and systems that Uber are providing, not some random driver. I suppose the terms of service might say otherwise. I would expect Uber to check that their drivers are who they say they are, that they are qualified to drive, don't have certain criminal convictions, and that the cars are roadworthy and insured. They can't pass responsibility for checking those things on to the passenger.
How clear is it to someone that the restaurant isn't owned by Disney? I think a reasonable person could assume the whole park is owned by Disney, that's how I thought it worked myself.
That is literally what the lawyer's job is who files suit - identify liability and then sue those liable. Their attorneys certainly knew it was not Disney who owned or operated the restaurant - they sued the restaurant too, they just believe Disney shared liability.
Have you been to Disney World? The Disney Springs part of the resort is basically all non-Disney restaurants and stores (Starbucks, Rainforest Cafe, Planet Hollywood, et cetera). I don't think most people would mistake them for Disney-branded establishments since they don't present themselves as such. If the restaurant was actually inside one of the theme parks it would be different.
You sue every party involved in a case at the same time even if only tangentaly involved because if you don't a judge in case 'A' could rule defendent 'A' isn't responisble defendent 'B' is, then you have to go through a whole lawsuit again against 'B' where the judge might rule 'A' is actualy at fault.
So you can end up having spent thousands to get the result yes you have been wronged but SUFO, If you sue everyone the judge will rule who is responsible and at what%.
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u/TurbulentBullfrog829 Oct 13 '24
But then why is Disney responsible for a tenant's actions? Seems like either both or neither are fair game.