In a rather surprising turn, Disney is seeking to have a wrongful death lawsuit dismissed by pointing to an unlikely defense – a Disney+ subscription. Jeffrey Piccolo, who tragically lost his wife, Kanokporn Tangsuan, after a severe allergic reaction at Disney Springs’ Raglan Road restaurant, now faces Disney’s argument that his prior sign-up for a Disney+ trial binds him to arbitration for any disputes.
Court filings reveal Disney’s stance that Piccolo’s 2019 Disney+ sign-up, which included an arbitration clause, prohibits him from suing the company. Additionally, purchasing Epcot tickets on Disney’s website supposedly extends that clause’s coverage to include the wrongful death claim. This lawsuit seeks $50,000 in damages, with Piccolo’s lawyer, Brian Denney, calling Disney’s argument “preposterous” and “outrageously unreasonable.”
Denny argues that this clause unfairly denies 150 million Disney+ subscribers their right to a jury trial in any wrongful death scenario, not just those connected to Disney+. The case’s origin is in October 2023 when Tangsuan dined at Raglan Road. Despite repeatedly confirming allergen-free meals, Tangsuan suffered from a fatal allergic reaction shortly after dining.
Despite assurances from Raglan Road staff regarding allergen-free food, Tangsuan, 42, suffered anaphylaxis after dining, according to the lawsuit. Post-meal, despite showing no immediate symptoms, shopping trips around Disney Springs led to a severe reaction that subsequently caused her unfortunate demise.
The tragic and complex case raises broader questions about the fairness and reach of arbitration clauses in consumer agreements and their implications for legal recourse in severe matters such as wrongful death.
Source: WRAL.com
What do you think, Disney fans? Should subscription agreements apply to such serious issues? Share your thoughts and stories in the comments below, and let’s discuss!
