His Wife Died, But Disney Claims He Can’t Sue Because He Had Disney+
By Movieguide® Contributor
A man is suing Disney after his wife died at Disney World, but the entertainment giant claims it isn’t liable because of Disney+ terms of service he agreed to years before.
Jeffrey J. Piccolo and his wife, Dr. Kanokporn Tangsuan, were eating at a restaurant in one of the parks in Orlando, Florida when Tangsuan went into anaphylaxis shock due to the food she consumed and tragically died.
Per NBC News, “Piccolo said in his complaint that he, his wife and his mother went to dinner at Raglan Road Irish Pub and Restaurant at the resort in Orlando, Florida, on Oct. 5. They asked several times whether Tangsuan’s allergies could be accommodated, according to the complaint. Despite the server’s having assured them, Tangsuan had a severe allergic reaction and died at a local hospital, the complaint said.”
While this seems like a legitimate reason to file a lawsuit, Disney claims that because Piccolo checked the boxes and hit “Agree & Continue” for terms for a Disney+ account in 2019, the lawsuit should be dismissed and handled by “individual arbitration.”
Disney cites its “Disney Terms of Use” section in the terms Piccolo agreed to. The section says, “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 also says he agreed to similar terms when purchasing park tickets.
“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates’ arising ‘in contract, tort, warranty, statute, regulation, or other legal or equitable basis,'” Disney’s motion reads.
Piccolo’s attorneys say these arguments are “preposterous” and “based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial,” BBC reported.
“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death,” the attorneys said.
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