Disney ditches Disney+ ‘terms of use’ defense in wrongful death lawsuit
By Simone Del Rosario (Business Correspondent), Brent Jabbour (Senior Producer), Emma Stoltzfus (Editor)
Walt Disney Co. agreed to let a court decide a wrongful death lawsuit at one of its theme parks. The reversal comes after it attempted to send the case to arbitration because the man who brought the case agreed to terms of use for Disney+ when he signed up for a trial years earlier.
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Disney drops request to have wrongful death lawsuit tossed over Disney+ subscription
Click to see story on CBC NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Associated Press NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on abc NewsDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on CNNDisney changes course on wrongful death lawsuit, says it will not seek arbitration
Click to see story on CBS NewsDisney drops claim that Disney+ account prevents wrongful death lawsuit
Click to see story on NY Daily NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Coast ReporterDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Flin Flon ReminderDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Sask TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Rocky Mountain OutlookDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on SooToday.comDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Barrie TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Prince George CitizenDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on News & RecordDisney gives up on trying to use Disney Plus excuse to settle a wrongful death lawsuit
Click to see story on The VergeDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney
Click to see story on NBC MiamiDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Virginian PilotDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Orlando SentinelDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WCSHDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Delaware County Daily TimesDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Bowen Island UndercurrentDisney drops bid to stop allergy death lawsuit over Disney+ terms
Click to see story on BBC NewsDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KIFIDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KRDODisney drops bid to have restaurant death suit tossed over victim’s Disney+
Click to see story on South China Morning PostDisney agrees to have Florida wrongful death lawsuit decided in court
Click to see story on CNBCDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KVIADisney Reverses Stance, Agrees To Court Trial In Florida Wrongful Death Lawsuit Over Fatal Allergy Incident: ‘Situation Warrants A Sensitive Approach’ – Walt Disney
Click to see story on BenzingaDisney backtracks on wrongful death lawsuit after public fury
Click to see story on NewsweekDisney Waives Arbitration In Allergy Death At Restaurant In Orlando Park; Matter Can “Proceed In Court”
Click to see story on DeadlineDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WPLGDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Chicago TribuneDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WKMGDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Portland Press HeraldDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on The Billings GazetteDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Penn LiveDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on Helena Independent RecordDisney agrees to have Florida wrongful death lawsuit decided in court
Click to see story on WTVBDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on KOB 4Disney drops bid to have wrongful death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The OregonianDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on Lincoln Journal StarDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on MissoulianDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on Montana StandardDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KWWLDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on 9NEWS DenverDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The ColumbianDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Sun (Lowell)Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Daily FreemanDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WSPADisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WLTXDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WKYCDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Chico Enterprise-RecordDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WBIRIn reversal, Disney will not seek arbitration in wrongful death lawsuit
Click to see story on Spectrum News 13Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WATEDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Sun-SentinelDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on KTVBDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Santa Cruz SentinelDisney waives arbitration in food allergy lawsuit
Click to see story on WOFLDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Daily Local NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Pottstown MercuryDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Sentinel and EnterpriseDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on Fort Smith/Fayetteville NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Times HeraldDisney: Wrongful death lawsuit from LI doc Kanokporn Tangsuan’s widower doesn’t have to go to arbitration
Click to see story on NewsdayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on castanet.netRight
Untracked Bias
Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Airdrie City ViewDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on My Mother LodeDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Orillia MattersDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Newmarket TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Midland TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Collingwood TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Thorold TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Elora Fergus TodayDisney Drops Bid To Have Allergy-Death Lawsuit Tossed Because Plaintiff Signed Up For Disney+ – WCCB Charlotte’s CW
Click to see story on WCCB CharlotteDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+ – The Morning Sun
Click to see story on Morning SunDisney drops bid to have allergy-death lawsuit tossed
Click to see story on The Journal RecordDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Moose Jaw TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Nashoba Valley VoiceDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Bradford TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Timmins TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on thealbertan.comDisney agrees to lawsuit over fatal restaurant visit
Click to see story on rtl.nlDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Western InvestorDisney says a wrongful death lawsuit can now proceed to court, after initially arguing that the widower’s Disney+ trial contract prohibited him from suing
Click to see story on mediagazer.comThe lawsuit says Kanokporn Tangsuan had a fatal allergic reaction after eating at an Irish pub located on a Disney property. It says she and her husband, Jeffrey Piccolo, along with his mother, decided to eat at the restaurant in 2023 because the website said it offered “allergen-free food.” The suit alleges Tangsuan had told the server several times she had a severe allergy to nuts and dairy.
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“We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” Disney Experiences Chairman Josh D’Amaro said in an email statement to Reuters and other media organizations. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Initially, Disney argued it should not be liable because it doesn’t own Raglan Road Irish Pub and therefore had no control over its operations.
The company later claimed that when Piccolo agreed to Disney+ terms of use in 2019, and when he bought tickets using the theme park’s website in 2023, he agreed to send any dispute between the user and the company to an arbitrator.
“The first page of the Subscriber Agreement states, in all capital letters, 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,'” the company said in a filing when it attempted to have the case dismissed.
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Had the case been allowed to go to arbitration, it would have gone before a neutral third party that is not a judge. But after the company faced some bad press for the defense, Disney struck a different tone.
Piccolo’s lawsuit seeks $50,000 and other damages including loss of income and medical and legal costs.
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.
Media Landscape
See who else is reporting on this story and which side of the political spectrum they lean. To read other sources, click on the plus signs below. Learn more about this dataBias Distribution
Left
Disney drops request to have wrongful death lawsuit tossed over Disney+ subscription
Click to see story on CBC NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Associated Press NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on abc NewsDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on CNNDisney changes course on wrongful death lawsuit, says it will not seek arbitration
Click to see story on CBS NewsDisney drops claim that Disney+ account prevents wrongful death lawsuit
Click to see story on NY Daily NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Coast ReporterDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Flin Flon ReminderDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Sask TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Rocky Mountain OutlookDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on SooToday.comDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Barrie TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Prince George CitizenDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on News & RecordDisney gives up on trying to use Disney Plus excuse to settle a wrongful death lawsuit
Click to see story on The VergeDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney
Click to see story on NBC MiamiDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Virginian PilotDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Orlando SentinelDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WCSHDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Delaware County Daily TimesDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Bowen Island UndercurrentDisney drops bid to stop allergy death lawsuit over Disney+ terms
Click to see story on BBC NewsDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KIFIDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KRDODisney drops bid to have restaurant death suit tossed over victim’s Disney+
Click to see story on South China Morning PostDisney agrees to have Florida wrongful death lawsuit decided in court
Click to see story on CNBCDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KVIADisney Reverses Stance, Agrees To Court Trial In Florida Wrongful Death Lawsuit Over Fatal Allergy Incident: ‘Situation Warrants A Sensitive Approach’ – Walt Disney
Click to see story on BenzingaDisney backtracks on wrongful death lawsuit after public fury
Click to see story on NewsweekDisney Waives Arbitration In Allergy Death At Restaurant In Orlando Park; Matter Can “Proceed In Court”
Click to see story on DeadlineDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WPLGDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Chicago TribuneDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WKMGDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Portland Press HeraldDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on The Billings GazetteDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Penn LiveDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on Helena Independent RecordDisney agrees to have Florida wrongful death lawsuit decided in court
Click to see story on WTVBDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on KOB 4Disney drops bid to have wrongful death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The OregonianDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on Lincoln Journal StarDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on MissoulianDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on Montana StandardDisney reverses course on bid to block wrongful death lawsuit by widower who had Disney+
Click to see story on KWWLDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on 9NEWS DenverDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The ColumbianDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Sun (Lowell)Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Daily FreemanDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WSPADisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WLTXDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WKYCDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Chico Enterprise-RecordDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on WBIRIn reversal, Disney will not seek arbitration in wrongful death lawsuit
Click to see story on Spectrum News 13Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on WATEDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Sun-SentinelDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on KTVBDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Santa Cruz SentinelDisney waives arbitration in food allergy lawsuit
Click to see story on WOFLDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Daily Local NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Pottstown MercuryDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Sentinel and EnterpriseDisney ends legal fight to toss wrongful death suit because widower signed up for Disney+ trial
Click to see story on Fort Smith/Fayetteville NewsDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on The Times HeraldDisney: Wrongful death lawsuit from LI doc Kanokporn Tangsuan’s widower doesn’t have to go to arbitration
Click to see story on NewsdayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on castanet.netRight
Untracked Bias
Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Airdrie City ViewDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on My Mother LodeDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Orillia MattersDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Newmarket TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Midland TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Collingwood TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Thorold TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Elora Fergus TodayDisney Drops Bid To Have Allergy-Death Lawsuit Tossed Because Plaintiff Signed Up For Disney+ – WCCB Charlotte’s CW
Click to see story on WCCB CharlotteDisney dropping bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+ – The Morning Sun
Click to see story on Morning SunDisney drops bid to have allergy-death lawsuit tossed
Click to see story on The Journal RecordDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Moose Jaw TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Nashoba Valley VoiceDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Bradford TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Timmins TodayDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on thealbertan.comDisney agrees to lawsuit over fatal restaurant visit
Click to see story on rtl.nlDisney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+
Click to see story on Western InvestorDisney says a wrongful death lawsuit can now proceed to court, after initially arguing that the widower’s Disney+ trial contract prohibited him from suing
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