Disney Faces Wrongful Death Lawsuit Over Allergy Fatality; Arbitration Clause in Question
August 14, 2024
Jeffrey Piccolo is seeking at least $50,000 in damages following the death of his wife, Kanokporn Tangsuan, who suffered a severe allergic reaction after dining at Walt Disney World Resort.
Tangsuan, a former NYU doctor, died on October 5 after eating at Raglan Road Irish Pub in Disney Springs, where she had informed staff of her nut and dairy allergies.
The lawsuit alleges that Tangsuan used her EpiPen to combat the allergic reaction while a bystander called for emergency assistance; Piccolo was unaware of the situation until he received a call from a bystander.
Defense attorney Misty Marris is addressing Disney's attempt to block the wrongful death lawsuit, emphasizing the severity of the situation.
Disney contends that the arbitration clause in their terms applies to all disputes, including wrongful death claims, thus requiring arbitration instead of a court trial.
Legal experts suggest that the courts will need to consider whether an arbitration clause for a streaming service can be applied to allegations of negligence at a theme park.
Piccolo's attorneys have criticized Disney's claims as unreasonable, asserting that the terms of a free trial should not limit his right to a jury trial in wrongful death cases.
Disney's legal argument also references the terms agreed upon when purchasing theme park tickets in 2023, which they claim protects them from the lawsuit.
A court hearing regarding the case is scheduled for October 2, 2024, which may clarify the legal implications of Disney's position.
As of now, Disney Parks and Resorts has not publicly commented on the ongoing lawsuit.
Legal expert Ernest Aduwa commented that Disney's argument stretches contract law and raises questions about the applicability of streaming service agreements to serious allegations like wrongful death.
Summary based on 21 sources
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Sources

The Guardian • Aug 14, 2024
Disney seeks to dismiss wrongful death lawsuit over widower’s Disney+ free trial
BBC News • Aug 14, 2024
Disney+ terms prevent allergy death lawsuit, Disney says
The Verge • Aug 14, 2024
Disney wants to dismiss a wrongful death lawsuit because of a Disney Plus agreement