Disney Steps Back: Wrongful Death Lawsuit to Proceed Despite Disney+ Terms
In a surprising reversal, Disney has opted to move forward with a wrongful death lawsuit despite a widower previously agreeing to terms that required arbitration when he signed up for a Disney+ free trial. This decision comes after significant public and legal criticism regarding the company’s initial stance.
Kanokporn Tangsuan, a doctor at NYU, tragically passed away from anaphylaxis after dining at a restaurant in Disney Springs last October, despite assurances that her meal was allergen-free. Her husband, Jeffrey Piccolo, sued the restaurant and Disney earlier this year for compensation to cover medical expenses, funeral costs, and emotional suffering.
Initially, Disney responded by stating that Piccolo had agreed to arbitration when he subscribed to Disney+ and again when purchasing theme park tickets. This claim was met with backlash, both from the general public and legal experts, who argued that using streaming service terms to negate a wrongful death lawsuit was extremely dubious.
In a recent statement, Disney has waived its right to arbitration, allowing the lawsuit to proceed in court. “At Disney, we strive to put humanity above all other considerations,” said Josh D’Amaro, chairman of Disney experiences. He added that the unique and painful circumstances of this case warranted a different, more compassionate approach.
It’s worth noting that a vast majority of people consent to online terms without reading them, raising questions about the enforceability of such clauses in cases of serious dispute. With Disney’s change of heart, Jeffrey Piccolo can now pursue justice for his wife in court, setting a significant precedent for future cases.
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Source: Mary Whitfill Roeloffs
