Disney+ terms prevent allergy death lawsuit, Disney says

In a tragic incident at Disney World in Florida, a man named Jeffrey Piccolo is taking legal action against the entertainment giant after the death of his wife, Dr. Kanokporn Tangsuan. Dr. Tangsuan passed away in October 2023 due to a severe allergic reaction after dining at a restaurant within the theme park. Mr. Piccolo claims that the restaurant failed to adequately address his wife's known allergies to dairy and nuts, despite her informing the staff about her condition multiple times. Following her meal, Dr. Tangsuan was rushed to the hospital, where she was later pronounced dead. Mr. Piccolo has filed a wrongful death lawsuit against Disney, seeking over $50,000 in damages and legal fees. However, Disney is arguing that Mr. Piccolo cannot pursue this lawsuit because he agreed to certain terms when he signed up for a free trial of Disney+ back in 2019. According to Disney, these terms stipulate that any disputes must be resolved through arbitration rather than in court. Disney expressed their condolences to Mr. Piccolo and his family, stating, 'We are deeply saddened by the family’s loss and understand their grief. ' They further clarified that the restaurant in question is not owned or operated by Disney, which is why they believe they should not be held responsible for the incident. Mr. Piccolo's legal team has criticized Disney's stance, labeling it as 'preposterous' and 'inane. ' They argue that the idea that signing up for a Disney+ account, even for a free trial, would waive a person's right to a jury trial is absurd. They also point out that Dr. Tangsuan never agreed to these terms, as she was not the one who signed up for the Disney+ account. Legal experts are weighing in on the situation, with some suggesting that Disney's argument may stretch the boundaries of contract law. Ernest Aduwa, a partner at Stokoe Partnership Solicitors, commented that the courts will need to determine whether the arbitration clause in a streaming service contract can be applied to serious allegations of wrongful death due to negligence at a theme park. Meanwhile, Jibreel Tramboo, a barrister, noted that while the terms from the Disney+ trial may be a weak argument for Disney, the terms agreed upon when purchasing tickets in 2023 could provide a stronger case for arbitration. Mr. Piccolo is adamant about having his case heard in front of a jury, as he believes it is essential for justice to be served. The upcoming court hearing in Florida will determine whether the case will proceed in court or be moved to arbitration. Arbitration is a process where a neutral third party helps resolve disputes, and it is often quicker and less expensive than traditional court proceedings. Disney may prefer arbitration to keep the details of the case private and avoid public scrutiny. This case raises important questions about the rights of consumers and the responsibilities of companies, especially in situations involving serious health risks. Mr. Piccolo is fighting not only for compensation but also for accountability in the wake of his wife's tragic death.