Recently, Disney+ attempted to avoid a lawsuit filed by a widower over their spouse’s tragic death by claiming that because they subscribed to Disney+, the rules of service prohibit them from suing.
Disney has now stated that it will renounce its rights to arbitration and continue in court, following considerable criticism for attempting to utilize terms of service to dodge a potential lawsuit over someone dying on Disney World property. However, Disney claims that while they still have the right to arbitration to prevent lawsuits, they will waive that right in this case.
Why is Disney being sued?
According to the New York Post, Dr. Kanokporn Tangsuan of NYU Langone died in October 2023 while on vacation at the Walt Disney World Resort near Orlando, Florida, after suffering an allergic reaction while dining at a Disney Springs restaurant.
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Before ordering the broccoli and corn fritter, scallops, and onion rings at Raglan Road Irish Pub, Dr. Tangsuan informed the staff of her food allergy several times, and “the waiter unequivocally assured them that the food would be allergen free,” according to the lawsuit. Before eating the lunch, Dr. Tangsuan inquired again about the allergy-free products and was informed that they were.
According to the lawsuit, Dr. Tangsuan experienced an intense allergic response and collapsed to the floor about 45 minutes later. 911 was contacted shortly after, and an epi-pen was administered, but she died at the hospital as a “result of anaphylaxis due to elevated levels of dairy and nuts in her system.”
Shortly after, her husband, Jeffrey Piccolo, filed a complaint against Disney for more than $50,000 and legal costs in a wrongful death claim, but Disney wants the case resolved through arbitration rather than the courts.
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Disney filed a move to compel arbitration (via InsideTheMagic) after Mr. Piccolo signed up for a one-month free trial of the Disney+ streaming service in 2019.
To utilize the service, subscribers must agree to the terms of service, which say that all issues with the company will be resolved through arbitration. In addition to the Disney+ terms and conditions, Disney claims that in late 2023, when Piccolo used the My Disney Experience app to purchase theme park tickets, he was required to agree to identical arbitration wording.
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Piccolo’s lawyers deemed Disney’s proposal to dismiss the request and arbitrate the dispute “unconscionable,” according to the lawsuit.
The difference between a judge’s decision and arbitration is one of money and privacy. Piccolo’s desire to have the issue heard by a judge in a court of law may result in unfavorable publicity for Disney owing to the wrongful death circumstances. For Disney, bypassing a judge and having the issue arbitrated by a neutral third party might save them time and money compared to a drawn-out court process, while also providing privacy and confidentiality.
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