Disney+’s Terms And Conditions Prevents Wrongful Death Lawsuit Filed By Deceased Doctor’s Husband

Disney is seeking to have a wrongful death lawsuit filed by a widower dismissed and redirected to arbitration, citing his acceptance of the organization’s terms and conditions when he activated his Disney+ account years ago.

According to NBC News, Jeffrey J. Piccolo filed the lawsuit against Disney Parks and Resorts in February following the death of his wife, Dr. Kanokporn Tangsuan. 

Tangsuan died after consuming food containing dairy allergens at a Disney World restaurant.

According to the complaint, Piccolo, his wife, and his mother dined at Raglan Road Irish Pub and Restaurant in Orlando, Florida, on October 5. They diligently asked a multitude of times about accommodating Tangsuan’s severe allergies, but despite being reassured by the server, the physician suffered a severe allergic reaction and passed away at a local hospital.

Disney’s court filing in May argues that the $50,000 lawsuit should be dismissed and sent to arbitration based on terms Piccolo agreed to when he signed up for a Disney+ free trial and used the Walt Disney Parks website to purchase tickets. The company asserts that users must check boxes to agree to the terms of use before proceeding and even distributes a copy of said terms.

The terms include a section stating 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.”

A Disney spokesperson commented to NBC News, “We are deeply saddened by the family’s loss and understand their grief. Since this restaurant is neither owned nor operated by Disney.”

The determination could set a precedent for major companies shirking responsibility and accountability when patrons are harmed or killed at their establishments. Only time will tell.