Man risks losing case against Disney over 'terms and conditions'
What's the story
Walt Disney Parks and Resorts is seeking to dismiss a wrongful death lawsuit filed by Jeffrey Piccolo, whose wife died from a severe allergic reaction after dining at a restaurant in the company's Florida resort last year.
The entertainment giant argued that Piccolo agreed to arbitrate all disputes when he agreed to the terms and conditions while signing up for Disney+ streaming service in 2019.
Lawsuit details
Piccolo seeking damages for wife's death
Piccolo is suing Walt Disney Parks and Resorts for over $50,000 under Florida's Wrongful Death Act following the death of his wife, Kanokporn Tangsuan.
The lawsuit also seeks compensation for mental anguish, loss of companionship and protection, loss of income, and medical and funeral expenses.
Tangsuan died in October 2023 after eating at Raglan Road Irish Pub in Disney Springs, part of Walt Disney World resort.
Court filings
What court filings showed
Court filings showed that Piccolo and his wife repeatedly questioned the restaurant waiter about allergen-free food last year because Tangsuan had a severe allergy to dairy and nuts.
He claimed they "were assured that her order would be allergen-free."
However, shortly after eating dinner, his wife suffered a "severe acute allergic reaction" and died later.
The medical examiner's study showed she died of anaphylaxis due to high dairy and nut intake.
Legal argument
Disney cites arbitration clause in 'Disney+' agreement
Nonetheless, Disney's legal team argued that Piccolo's Disney+ subscription and his use of the Walt Disney Parks's website to purchase Epcot Center tickets shield the company from a lawsuit.
"When you create a Disney+ or ESPN+ account, you also agree to the Walt Disney Company's Terms of Use," which "govern your use of other Disney Services," attorneys for Disney said.
The services include "sites, software, applications, content, product and services," which include the Disney Parks and Resorts website, they added.
Counter-argument
Piccolo's lawyer calls Disney's argument 'preposterous'
Brian Denney, Piccolo's attorney, has described Disney's argument as "preposterous."
He stated that the idea that a Disney+ free trial could prevent a customer from pursuing a jury trial "with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience."
Denney further argued that Disney's terms were effectively hidden and Piccolo "would have had no notice" when signing up.
A hearing has been scheduled for October 2.