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by lesuorac
670 days ago
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> then it still feels like the plaintiff has misrepresented what was on this website. Specifically the plaintiff says that the menu claimed items were "allergen-free", when in actuality the disclaimer specifically says the restaurant does not claim that. Well, while the website definitely puts a lot of distance on allergen-free; if you can't offer a food allergen-free then you shouldn't. Same as if you can't take the bones out of a chicken wing; don't offer boneless wings. However, if you go to the restaurant in-person and you ask the server who asks the chef and they both say it can be done allergen-free on multiple requests I think it's safe to safe that the website's disclaimer is overriden. Which is what the lawsuit claims [1] (I wish I could get a courtlistener link but I had no success [2]). [1]: https://www.scribd.com/document/708687171/Raglan-Road-Lawsui... [2]: https://www.courtlistener.com/?q=Disney&type=o&order_by=scor... |
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But that would still make Disney less liable, because the in person conversation with staff/chef has nothing to do with Disney here.
Although it is interesting that the restaurants operated by others still use the "cast member" language. I do think Disney tries to have a bit of an illusion that everything on property including Disney springs is them. I still wouldn't consider it enough legally here but there is at least an argument about assumption of oversight.