Disney has invoked an old Disney+ trial to dismiss a wrongful death lawsuit filed by a man whose wife experienced a fatal allergic reaction after eating at a Disney Springs restaurant.
AP reports that Jeffery Piccolo filed the lawsuit in February, accusing Walt Disney Parks and Resorts of negligence in the death of his wife Kanokporn Tangsuan, a 42-year-old New York doctor with severe food allergies. Disney responded by asking a Florida court to dismiss the suit on the grounds that when Piccolo signed up for a one-month trial of Disney+ in 2019, he ceded his right to sue under the Terms of Use.
The entertainment megacorporation said that the Terms of Use in the Subscriber Agreement include “a binding arbitration clause” which states that “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 noted that Piccolo agreed to a similar arbitration provision when he signed up for an account of Disney’s website and app, AP says. The entertainment company said it was “deeply saddened” by her death but does not own the restaurant in question and should not be included in the lawsuit.
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Piccolo filed the 19-page lawsuit in an Orange County court on 22 February, seeking in excess of US$50,000 in the wrongful death of Tangsuan. It states that Tangsuan had dinner at Raglan Road Irish Pub on 5 October 2023 with her husband and his mother.
Tangsuan, who had a severe allergy to nut and dairy products, informed the waiter that she required “allergen-free food.” The couple questioned the waiter about various food items, who then asked the chef “whether certain foods could be made allergen free” and returned to confirm that they could.
According to AP, Piccolo and Tangsuan asked several more times before ordering and when the food arrived with some items missing the “allergen free flags,” they once again questioned the waiter. The waiter “guaranteed” the food was allergen free.
Tangsuan died at a local hospital after consuming the dishes. While Disney does not own the Irish Pub in Disney Springs, Disney does recommend park goers with food allergies download the My Disney Experience app – with its binding arbitration clause – to navigate food options in the park.
