Could enrolling in a Disney+ trial really waive your right to sue Disney for a wrongful death that occurred at Walt Disney World? This is the heart of a contentious legal battle that has emerged following the tragic death of Dr. Kanokporn Tangsuan, a family medicine specialist from New York. Last October, Tangsuan suffered a fatal allergic reaction after dining at Raglan Road Irish Pub, a venue located at Disney Springs but not owned or operated by Disney.
Tangsuan’s husband, Jeffery Piccolo, has filed a lawsuit against Disney, seeking over $50,000 in damages for her untimely death, plus additional compensation for emotional distress, loss of companionship, and associated expenses. The lawsuit claims that despite the restaurant’s assurances that her meal was allergen-free, Tangsuan succumbed to anaphylaxis caused by dairy and nut contamination.
In an eyebrow-raising defense, Disney argues that Piccolo agreed to mandatory arbitration for all disputes, including wrongful death claims, when he signed up for a Disney+ free trial back in 2019. According to Disney, the service’s Terms of Use include a clause stating that any disputes must be resolved through individual arbitration rather than in court, effectively barring lawsuits.
Piccolo’s lawyer, Brian Denney, calls Disney’s stance “absurd,” asserting that such a broad interpretation of the arbitration agreement is both unreasonable and unjust. The argument hinges on whether signing up for a streaming service can indefinitely strip a person—and their family—of their legal rights against any Disney affiliate.
Disney maintains the arbitration clause is standard and ensures faster, less costly resolutions for all parties involved. However, critics argue that these clauses often go unread by consumers and can lead to unfair limitations on their rights.
What are your thoughts on this case? Do you think Disney’s defense holds up, or is it indeed an overreach? Share your thoughts in the comments below and let’s get the conversation started!
Source: Natalie Dreier, Cox Media Group National Content Desk