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Disney is attempting to stop a man suing the company for the death of his wife at Disney World because of the terms and conditions he agreed to when signing up for a trial of the Disney+ streaming service in 2019
Tom Anstey | Planet Attractions | 16 Aug 2024
A lawsuit says that Tangsuan repeatedly notified staff at the Raglan Road Irish Pub and Restaurant of severe nut and dairy allergies Credit: berkielynn/Flickr
Disney is arguing that a man cannot sue the operator over the death of his wife at the Disney World Resort because of the terms and conditions agreed to when he signed up for a free trial of Disney+.
Kanokporn “Amy” Tangsuan suffered a fatal allergic reaction after eating at a Disney Springs restaurant last year.
Tangsuan repeatedly notified staff at the Raglan Road Irish Pub and Restaurant of severe nut and dairy allergies, the lawsuit claims. After leaving the restaurant, she started having difficulty breathing and collapsed. An EpiPen was used immediately but she died of anaphylaxis shortly after at a nearby hospital.
Her husband, Jeffrey Piccolo, has filed a US$50,000 wrongful death lawsuit following the tragic incident, but Disney has argued that its terms of use, which Mr Piccolo agreed to when signing up for Disney+ in 2019, means he will have to settle with the entertainment giant out of court.
“There is simply no reading of the Disney+ subscriber agreement which would support the notion that Piccolo was agreeing on behalf of his wife or her estate, to arbitrate injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort from which she died,” wrote Brian Denney, Piccolo’s lawyer. “Frankly, any such suggestion borders on the absurd.”
According to Denney, any agreement made when Piccolo signed up to the streaming platform is strictly between Piccolo and Disney+ and doesn’t involve Walt Disney Parks and Resorts. Denney also says that the My Disney Experience terms can’t be applied to Piccolo’s case because it doesn’t include an arbitration provision.
Disney says that by signing up for a Disney+ trial and purchasing tickets to Epcot in September 2023 using the “My Disney Experience” app, Piccolo has agreed to arbitrate - rather than publicly fight in court - any disputes. The company also maintains that it shouldn’t be included in the lawsuit.
“We are deeply saddened by the family’s loss and understand their grief,” said a Disney statement.
“Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”
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