Disney offers the most outrageous argument to block wrongful death lawsuit from court

In a bid to avoid facing a wrongful death lawsuit in court, Disney is utilizing an outrageous argument that all Disney+ subscribers essentially waive their right to a trial by jury for any legal matter with the company.

The company is currently facing a lawsuit from Jeffrey Piccolo on behalf of his wife, Dr. Kanokporn Tangsuan, who died after eating at a Disney Springs restaurant in Walt Disney World Resort in October of 2023. Dr. Tangsuan had a severe nut and dairy allergy and repeatedly warned the wait staff of this when dining at the Disney restaurant. Her father told the New York Post that Dr. Tangsuan had been inspired to enter the medical industry because of her severe allergies. Hence, she was especially vigilant about her allergies when eating out and carried her Epi-Pen everywhere she went since childhood.

Following her warnings, the restaurant staff at Disney repeatedly promised she would not be served allergens. When her food arrived, she expressed concern that it didn’t have the flags that typically mark allergen-free food, but the staff once again assured her it was allergen-free. Forty minutes after eating the meal, she experienced a severe allergic reaction and was later pronounced dead from anaphylaxis due to the presence of nuts and dairy in her system. Her husband Piccolo subsequently filed the wrongful death lawsuit, stating that her death could’ve been prevented if the staff and Disney had heeded her warnings or been transparent that they could not accommodate her.

However, Disney offered a very bizarre argument for not taking the lawsuit to court.

Disney claims wrongful death lawsuit can’t go to court

Disney is trying to block Piccolo’s lawsuit from receiving a jury trial by claiming he agreed to settle the dispute by arbitration when he signed up for a Disney+ subscription. Arbitration means the lawsuit would be settled outside of court by a neutral third party rather than a judge. Large companies like Disney prefer this route because it is usually quicker and cheaper than going through the court system. However, Disney’s argument for why the lawsuit shouldn’t go to court is very strange.

To clarify, the lawsuit concerns the tragedy that occurred at Walt Disney World Resort in 2023. Yet Disney is arguing that Piccolo’s completely unrelated one-month free Disney+ subscription in 2019 makes his lawsuit ineligible for a court trial. The company’s reasoning is that the Disney+ terms and conditions stipulate that the user agrees to settle any dispute in arbitration.

Disney also argues that Piccolo agreed to similar terms when he signed up for the “My Disney Experience” app to purchase his Disney World tickets. Of course, Piccolo’s lawyers have slammed Disney’s bizarre argument, stating it “borders on surreal.” If the argument holds, it essentially means that anyone who signs up for Disney+ at any time, even if it’s just for a free trial, automatically gives up their right to have a jury trial in any dispute with Disney. Piccolo’s lawyers also pointed out that the lawsuit is on behalf of his late wife rather than himself, so the terms he agreed to don’t extend to Dr. Tangsuan.

Legal experts have labeled Disney’s Disney+ argument “weak” and “far-reaching,” although they concede that the argument about the app and tickets agreement may be stronger. How the courts will rule on Disney’s outrageous argument remains to be seen. Still, it’s wild that this argument even is being evaluated and the courts could potentially rule that 150+ million Disney+ subscribers no longer have a right to a trial jury if they suffer personal injuries or even wrongful deaths at the hands of any other Disney assets or subsidies.