Doctor's husband files wrongful death suit against Raglan Road and Disney

It seems odd that they would/could hold Disney accountable, as the restaurant is run by an outside company. Disney is borderline fanatic about food allergies on the cruise line and in their owned restaurants, and every single time I've seen a special request, the chef would come out to talk to the customer. Counter service to high-end fine dining. I wouldn't be comfortable taking a server's word for it.

I was on a cruise and when the host asked if we had any food allergies, we mentioned dairy (intolerance, not death-inducing) and it was like they were on red alert. They sent over a food allergy specialist and triple checked about everything we were ordering. We opted to keep our mouths shut for future seatings but would definitely appreciate the service more if our allergies were more dangerous.

Regarding suing Disney, I think it's common practice to sue everyone within a 100 mile radius of your injury and then have the court decide who is actually liable.

Its easy to dismiss parties if they have no liability. Can be problematic to add them down the line if they do have liability. And you always want to sue solvent parties. Not many deeper pockets than Disney.

Our HOA sued our builder, and a fair amount of the liability was assigned down to the subcontractors that were still in business. Seems that's just how they do business. I wouldn't want to sub for that builder.

It seems like it would depend on who was at fault in the HOA case. Was the prime at fault or were the sub's they hired at fault? If the sub's were at fault then it seems right that they get the liability. If the prime was at fault and they simply passed the buck then that is not a good look.

They don't actually engage in quality control. The buyer almost always has to compose the punch list.

I’m sure that buried in whatever contractural relationship WDW and Raglan Road have are hold harmless / indemnification clauses that protect Disney.

But as others have said, in all the civil litigation cases I have been involved in, all sorts of parties are named in the suit initially and as discovery progresses, it gets narrowed down.

95% of these kinds of claims settle before going to jury trial so I imagine this will be the last you hear about this. Unless there is gross negligence, which doesn’t seem to be the case, the family will get a few bucks, plaintiffs counsel gets their 30%, and everyone is happy as it fades off into the sunset. Just another day in personal injury litigation….

I wonder if this is something as simple as the server delivering the wrong dish. I believe they likely gave correct information about what was in the dishes, and likely ordered the correct dish. That restaurant is always hopping anytime I eat there so I it would not surprise me if the server picked up a dish that he thought was the allergen free one but grabbed the wrong one by mistake. Tragic, no matter how it happened,

Per the article:

Some of the food delivered lacked allergen-free flags, but the waiter again guaranteed the food was allergen free, the lawsuit alleged.

Just related to what Wahoo mentioned above.

My best friend can't do gluten, not because it will kill her but because it makes her very sick. At the level of not worrying about death, she won't eat the food at the first sign of confusion/2nd guessing/possible mixed up meal when we are out. And it's not even an allergy! The idea that I might die from something I eat would be enough for me to push the meal aside if I was not 100% convinced.

Certainly wouldn't be the first person to do under a false sense of security because they were at Disney. I'm not blaming the victim but people do tend to let their guards down because they believe nothing bad can happen at a Disney park. I've tried to instill in my kids, if something doesn't seem right...push back.