In a tragic turn of events, Disney’s legal team has argued that a man cannot sue the company after his wife suffered a fatal allergic reaction at a Disney World resort in Florida.
The basis of their argument? The man had subscribed to a free one-month trial of Disney+, inadvertently signing away his right to take legal action against the company.
The Incident
Jeffrey Piccolo, a grieving husband, filed a “wrongful death” lawsuit against Disney following the death of his wife, Dr. Kanokporn Tangsuan, a New York-based doctor, last year. According to the lawsuit, Dr. Tangsuan died after consuming a meal at a restaurant in Disney Springs, located within the Walt Disney World Resort in Florida.
Mr. Piccolo claims that his wife had severe allergies to dairy and nuts, and despite repeatedly questioning the restaurant staff about the ingredients in their meal, they were reassured that the food would be “allergen-free.”
Tragically, after the meal, Dr. Tangsuan suffered a “severe acute allergic reaction” and passed away later that day. An autopsy revealed that the cause of death was anaphylaxis—a severe, life-threatening allergic reaction—due to high levels of dairy and nuts in her system.
The lawsuit
In his lawsuit against Walt Disney Parks and Resorts, Mr. Piccolo argued that the waiter had been negligent. He demanded damages exceeding $50,000.
Disney’s defense
However, Disney’s lawyers have countered by arguing that the case should be dismissed and settled out of court. They claim Mr. Piccolo agreed to the company’s terms of use when he signed up for a one-month free trial of Disney+ in 2019 and again in 2023. These terms, Disney argues, mandate that users settle any disputes through arbitration rather than court proceedings.
“When you create a Disney+ or ESPN+ account, you also agree to the Walt Disney Company’s Terms of Use, which govern your use of other Disney Services. The services include sites, software, applications, content, product, and services, which include the Disney Parks and Resorts website,” Disney stated.
The company’s legal team emphasized that these terms of use include a clause covering “all disputes” involving “The Walt Disney Company or its affiliates,” which encompasses Walt Disney Parks and Resorts.
This case highlights the far-reaching implications of digital service agreements and the importance of reading the fine print. As the legal battle unfolds, it remains to be seen whether Disney’s argument will hold up in court or if Mr. Piccolo will find a way to pursue justice for his late wife.