Disney Say Man Can't Sue Over Wife's Death Due To Him Agreeing To Disney+ Terms and Conditions In 2019

Disney is attempting to have a wrongful death lawsuit brought against it by Jeffrey Piccolo, the widower of Dr. Kanokporn Tangsuan, dismissed and sent to arbitration. 

What caused the lawsuit?

Piccolo filed the lawsuit after his wife tragically passed away in October 2023 due to a severe allergic reaction to nuts and dairy in food she consumed at Raglan Road Irish Pub, a restaurant at Disney World Florida. 

Piccolo claims that the restaurant staff assured them several times that her meal would be free of allergens, including after the meal came out without “allergen free flags”, but she suffered anaphylaxis shortly after dining, leading to her death later that day.

Piccolo, seeking more than $50,000 in damages, wants the case to be heard by a jury. The lawsuit not only covers wrongful death but also claims for mental pain and suffering, loss of companionship, and other related expenses. 

Disney say case should go to arbitration due to Piccolo’s agreement to Disney terms and conditions

Disney, however, is pushing for the case to be resolved through arbitration rather than in court. The company argues that Piccolo agreed to settle disputes via arbitration when he signed up for a free trial of Disney+ back in 2019. Disney also claims that when Piccolo purchased theme park tickets on their website, he again agreed to similar terms that mandate arbitration for any disputes.

They included a copy of the terms and conditions in their filing, and under a section titled "Disney Terms of Use" it says that "any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration."

Disney has stated that they are simply defending themselves against being included in the lawsuit, emphasising that the restaurant where the incident occurred is not owned or operated by Disney. 

The entertainment giant also mentioned that they prefer arbitration because it offers privacy and confidentiality, which a public court case would not.

Piccolo’s attorneys call argument preposterous

Piccolo's attorneys have called Disney's argument "preposterous" and "outrageously unreasonable." They argue that signing up for a Disney+ trial should not prevent Piccolo from pursuing a wrongful death lawsuit in court, especially since the lawsuit is related to events that occurred at a Disney theme park, not the streaming service. 

They also point out that the terms Piccolo agreed to were for himself, not his wife, who never signed up for Disney+.

Legal experts have weighed in on the matter, with some suggesting that Disney's reliance on the Disney+ terms for arbitration is weak, particularly given the severity of the wrongful death claim. 

Others note that the arbitration clause linked to the theme park ticket purchase might hold more weight, though they acknowledge that the unique and sensitive nature of the case could complicate matters.

The outcome of this case could set a significant precedent regarding how broadly companies can apply arbitration agreements, particularly when those agreements are tied to seemingly unrelated services like streaming subscriptions.

The motion to decide whether the case will proceed in court or through arbitration is expected to be heard by a Florida judge in October.