In a surprising twist of events, Disney is seeking to dismiss a wrongful death lawsuit involving the death of a woman who suffered a fatal allergic reaction while dining at Disney Springs, part of the Walt Disney World Resort in Florida. Jeffrey Piccolo, the widower filing the suit, claims his wife Dr. Kanokporn Tangsuan, a medical doctor from New York, died after consuming food she was assured was allergen-free. Tragically, she suffered a severe allergic reaction due to dairy and nuts, per the medical examiner’s findings.

Piccolo’s lawsuit alleges that negligence on the part of the restaurant’s wait staff caused his wife’s untimely death and is seeking damages in excess of $50,000. The narrative took a legally complex turn as Disney’s lawyers argued for dismissal based on the terms and conditions Piccolo agreed to when he subscribed to Disney+ years earlier. According to Disney’s legal team, these terms, which include an arbitration clause, mandate that all disputes be settled out of court.

The defense contends that since Piccolo agreed to these terms when signing up for the Disney+ free trial in 2019 and again in 2023 when purchasing theme park tickets, he has already consented to arbitration for any disputes, including those unrelated to the streaming service but involving any Disney entities.

In response, Piccolo’s attorneys raised significant objections, arguing that it’s absurd to claim a streaming service’s terms could waive a person’s right to a jury trial for all potential future disputes involving various Disney entities. They further argue that Piccolo agreed to these terms solely for himself, not on behalf of his wife or her estate.

A hearing on this matter is scheduled for October 2, 2024. Legal experts, Disney aficionados, and families alike are watching closely as this case unfolds, reflecting on how contractual agreements for digital services could impact real-world incidents.

Share your thoughts and experiences in the comments below! How do you feel about the implications of this case?

Source: Anna Betts