Disney To Allow Wrongful Death Lawsuit To Be Heard In Court
Disney has made a significant reversal in a wrongful death lawsuit brought by a Florida widower, Jeffrey Piccolo, after initially arguing that the case should be settled through arbitration rather than in court.
What caused the lawsuit?
Piccolo filed the lawsuit following the death of his wife, Kanokporn Tangsuan, who died from a severe allergic reaction after dining at Raglan Road, an Irish pub located in Disney Springs in 2023. Piccolo claims that the restaurant failed to take proper precautions despite being informed multiple times about his wife's severe allergies to nuts and dairy.
After allegedly being assured that her meal was allergen-free, Tangsuan suffered an acute reaction that led to her death from anaphylaxis later that day. Piccolo is suing Disney for damages exceeding $50,000, including compensation for suffering, loss of income, and medical costs.
Initially, Disney argued that the case should be arbitrated, pointing to the terms of a Disney+ subscription Piccolo had briefly signed up for in 2019, which allegedly required arbitration for all disputes with the company. This argument drew significant criticism, with some legal experts labelling Disney’s stance as “pushing the envelope of contract law.”
Piccolo's lawyers called Disney's argument "preposterous" and said it "borders on the surreal."
Disney withdraws motion for arbitration
Disney has since withdrawn its motion for arbitration. Josh D’Amaro, chairman of Disney Experiences, explained that the company decided to waive its right to arbitration in this case, stating, “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.”
This change of heart likely stemmed from the negative publicity the initial approach generated, which legal experts suggested Disney was trying to avoid.
Despite Disney’s shift, Piccolo’s lawyer, Brian Denney, highlighted that similar arbitration clauses still exist across Disney’s platforms, posing a potential risk for others. He emphasised that "attempts by corporations like Disney to avoid jury trials should be looked at with scepticism," underlining the importance of jury trials as a fundamental part of the judicial system.
With Disney now allowing the case to proceed in court, Piccolo will continue his legal battle, seeking justice for his wife's tragic death. The case underscores the broader issue of how corporations use arbitration clauses to avoid litigation, raising questions about fairness and transparency in consumer agreements.
