Recently Disney+ tried to get out of a lawsuit by a widower over the wrongful death of their spouse by arguing that because they subscribed to Disney+ and the terms of service prevent them from being able to sue.
Now, though Disney has said that it will waive its rights to arbitration and proceed in court, this comes after widespread backlash over trying to use terms of service to avoid a potential lawsuit over someone dying on Disney World property. With this, though, Disney says they still have the right to arbitration to avoid lawsuits, but in this case, they will wave that right.
Why Disney is Being Sued
In October of 2023, while vacationing at the Walt Disney World Resort near Orlando, Florida, NYU Langone’s Dr. Kanokporn Tangsuan died shortly after suffering an allergic reaction after dining at a Disney Springs restaurant, according to a report from the New York Post.
Before ordering the broccoli and corn fritter, scallops, and onion rings at Raglan Road Irish Pub, Dr. Tangsuan made staff aware of her food allergy numerous times, and “the waiter unequivocally assured them that the food would be allergen free,” according to the lawsuit (H/T Law&Crime). Before consuming the meal, Dr. Tangsuan asked again if the items were allergy-free and was told that they were.
Around 45 minutes later, Dr. Tangsuan suffered an acute allergic reaction and had “severe difficulty breathing and collapsed to the floor,” according to the lawsuit. 911 was called shortly after, and an epi-pen was administered, but she died at the hospital from the “result of anaphylaxis due to elevated levels of dairy and nut in her system.”
Shortly after, her widower Jeffrey Piccolo, filed a lawsuit for an excess of $50,000 and legal costs against Disney in a wrongful death claim but Disney wants the case to go to arbitration instead of the courts.
Disney Wants to Dismiss the Lawsuit Due to Disney+ Terms & Conditions
Disney filed a motion to compel the case to arbitration (H/T InsideTheMagic) since Mr. Piccolo signed up for a one-month free trial of the Disney+ streaming service in 2019.
To use the service, subscribers agree to the terms of use, which state that the user agrees to arbitrate all disputes with the company. On top of the Disney+ terms and conditions, Disney is also arguing that in late 2023 when Piccolo used the My Disney Experience app to purchase his tickets to the theme park he had to consent to similar arbitration language.
Piccolo’s lawyers found Disney’s argument to dismiss the motion and arbitrate the case “unconscionable,” according to the lawsuit.
The difference between the case being decided in front of a judge or arbitration is one of money and privacy. With Piccolo wanting the case to go in front of a judge in a court of law, it could bring unwanted publicity to Disney due to the wrongful death circumstances. For Disney, forgoing a judge and having the case arbitrated by a neutral third party could save them time and money compared to a drawn-out court case, and they’d greatly benefit from privacy and confidentiality.