Disney ditches Disney+ ‘terms of use’ defense in wrongful death lawsuit

Simone Del Rosario:

Disney is giving up on its controversial defense to a wrongful death lawsuit. The company initially argued the case belonged in arbitration, not court, because once upon a time, the grieving widower signed up for a trial of the streaming service Disney+.

In a statement to multiple media outlets, Disney experiences chairman Josh D’Amaro said, “With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.”

“As such, we’ve decided to waive our right to arbitration and have the matter proceed to court.”

The case is this. In October 2023, Dr. Kanokporn Tangsuan dined at Raglan Road Irish Pub in Disney Springs with her husband, Jeffrey Piccolo, and her mother-in-law. The lawsuit states they chose the restaurant because they believed it would have proper safeguards to accommodate Dr. Tangsuan’s allergies. 

See, Tangsuan was severely allergic to dairy and nuts, and her husband says in the lawsuit they repeatedly told the restaurant and confirmed her dishes were allergen-free. 

But after the meal, Tangsuan suffered a severe acute allergic reaction to the food and despite using her EPIPEN, she died from anaphylaxis due to elevated levels of dairy and nut in her system, according to the lawsuit. 

Her husband is seeking damages in excess of $50,000, as well as damages for mental pain and suffering, loss of companionship, loss of income and medical and funeral expenses. 

At first, Disney argued it wasn’t responsible because it is merely the landlord for the restaurant. 

Then, it argued that the husband “ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’” against Disney, adding that the language covers Piccolo’s claims against Walt Disney Parks and Resorts.

Disney said Piccolo agreed to this when he signed up for a Disney+ trial in 2019, and again when he used the Disney website to buy theme park tickets. 

Piccolo’s lawyer called Disney’s argument “preposterous” and “so outrageously unreasonable and unfair as to shock the judicial conscience.”

In the latest filing and after loads of backlash, Disney backtracked its arbitration claim and agreed to let the lawsuit move forward in court.