SHAH ALAM - Jeffrey J. Piccolo, a resident of New Hampshire, United States, lost a lawsuit concerning the death of his wife, Dr Kanokporn Tangsuan, who died after consuming food containing allergens at a restaurant in Disney World, Florida.
The lawsuit was dismissed because Piccolo was a Disney Plus subscriber, which meant he had agreed to the platform’s terms and conditions.
These included a clause stating that any disputes, except for small claims, must be resolved through individual binding arbitration, as outlined in the "Disney Terms of Use" section - a defence used by Disney's lawyers.
Disney’s court filings revealed that Piccolo had subscribed to a free trial of Disney Plus, and by doing so, had accepted the terms that mandated arbitration for disputes.
Disney also noted that Piccolo agreed to these terms again when purchasing tickets through the Walt Disney Parks website.
The company's legal team stressed that users could not proceed without checking the box to accept the terms.
According to NBC News, a Disney spokesperson said that the restaurant in question was neither owned nor operated by Disney, and the lawsuit should be directed at the restaurant, not Disney.
"We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant," the spokesperson reportedly said.
Disney argued that arbitration would be less costly than litigation, potentially reducing the lawsuit’s $50,000 claim.
However, Piccolo's attorneys slammed the dismissal as "preposterous," arguing that the subscription was a free trial on his PlayStation and believed to have been cancelled afterward.
"There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death," Piccolo’s attorneys reportedly said.
They further argued that the idea that terms agreed to in a Disney+ free trial account could bar a consumer’s right to a jury trial in any dispute was "outrageously unreasonable and unfair."
It was reported that Piccolo had accused a Florida resort and the restaurant of negligence in his wife's death.
The complaint stated that the server at Raglan Road was informed about Tangsuan's severe allergies, and the server assured the family that the food would be allergen-free.
Despite these reassurances, Tangsuan experienced a severe allergic reaction shortly after eating.
She collapsed at a nearby restaurant and attempted to use her EpiPen while a bystander called 911.
Unfortunately, her husband, who was in their hotel room then, was unaware of the situation.
When Piccolo called his wife's handphone, a bystander informed him she had been taken to the hospital. Upon arrival, he learned she had died.
A medical examiner’s autopsy report indicated that Tangsuan died from anaphylaxis and had elevated levels of nuts and dairy in her system.
Her death was ruled an accident.
The lawsuit, which named the restaurant and Disney Parks and Resorts as defendants, sought $50,000 in damages for Tangsuan's death in October 2023.