Laws keep society in order. But some laws can take strange turns that can lead to unexpected, sometimes even bizarre, outcomes. From contracts with your favorite streaming service to legal immunity for attorneys, let’s explore some of the loopy legal loopholes that make you go, “Hmmm.”
How to block a wrongful death lawsuit the wrong way, aka the case where Disney plays the villain
Imagine losing a loved one and seeking justice through a wrongful death lawsuit, only to be told that you can't sue because of your Disney+ subscription. It all sounds surreal, but it's exactly what happened to a man called Jeffrey Piccolo. He sued Disney for his wife’s death following an allergic reaction to something she ate at a Disney resort.
Disney invoked a contract clause buried deep in the Disney+ terms and conditions that prohibits subscribers from filing certain lawsuits against the company, instead forcing them into arbitration. While this clause is more commonly seen in commercial disputes or personal injury claims, Disney attempted to extend it to a wrongful death case. That move was deemed “preposterous…so outrageously unreasonable and unfair as to shock the judicial conscience,” according to Piccolo’s lawyer.
The result? Disney backtracked; now the lawsuit will proceed to court. Maybe the House of the Mouse realized the bigger PR fallout they might face had they insisted on pursuing the strange and sneaky power of fine print.
Illinois lawyers’ legal loophole
In Illinois, attorneys enjoy a peculiar legal shield that allows them to avoid arrest. The law, dating back to the 1960s, says that attorneys can’t be arrested while traveling to or from court — whether it's for a traffic violation or something else (Laws: 1963, p. 2836, section 10-7d).
This law is rumored to have originated during the era of notorious gangster Al Capone. Chicago police allegedly loved pulling over Capone’s lawyers to “delay” them from representing their client. To put an end to the inconvenience, this protection was introduced.
So if you're an attorney driving a little too fast on the way to defend your client, as long as you're in Illinois, you might just get off scot-free. And you have a certain gangster to thank.
One man’s trash is another man’s evidence
No one really thinks about their trash, especially once they've taken it out. But the next time you take your trash out — and especially if you've done something that's not entirely kosher — you might want to think twice about just leaving it at the curb. Because according to a 1988 Supreme Court ruling, your trash becomes fair game for law enforcement when you place it in a public area, like the sidewalk in front of your house.
Why? The court reasons that by leaving your trash in a public space, you've effectively abandoned any expectation of privacy. That half-eaten pizza? Those old bank statements? Those pieces of trash become potential evidence if someone knows where to look. This loophole has been exploited in criminal investigations, leading to some unexpected discoveries.
Not to encourage criminal behavior, but there’s a reason why criminals try to burn or obliterate any evidence of their wrongdoing and not just chuck them in the bin.
So sorry, but apologies don’t mean guilt in Canada
In many places, saying “I’m sorry” can get you into legal trouble, as it may be considered an admission of guilt. Not in Canada, though. World-renowned for their politeness, Canadians have a law that ensures an apology cannot be used as evidence in court to prove someone’s liability.
Their rationale: people should be able to commiserate and express sympathy or regret without fear of legal consequences. This law comes in handy in everything from car accidents to workplace disputes, where someone might want to apologize for an unfortunate incident without accepting fault.
Have Canadians given new meaning to the phrase, “Sorry, not sorry”?
Having trouble with strange but legitimate legal loopholes?
These examples remind us that even the most serious legal systems have their quirks. The next time you find yourself tangled in fine print or confronted with a baffling legal rule, remember: the law can be just as strange as it is serious. So, leave it to our attorneys at LaGrandeur & Williams. We’ve provided trusted legal services in family law in Western Washington since 1997. Get in touch with us today — we’ll help plug the loopholes for you.