(Photo by Budrul Chukrut / SOPA Images/Sipa US, Sipa via AP Images)
Every day, millions of people sign up for services that require agreeing to terms and conditions. Most people don’t think twice about checking the box to say yes and sign on, but a recent case shows why terms and conditions can matter more than you think.
See how a man almost couldn’t sue Disney after his wife died at a Disney park restaurant, all because she signed up for a Disney+ trial subscription.
What Caused a Death at Disney?
In October 2023, Jeffery Piccolo, his mother, and his wife Kanokporn Tangsuan visited Disney Springs, a Disney-operated shopping center near Orlando, Florida.
The family stopped at Raglan Road Irish Pub for dinner. Tangsuan had a severe allergy to nuts and dairy products so the couple discussed the menu closely with their waiter. According to a lawsuit, the couple asked multiple questions about the menu, and the waiter went to ask the chef if certain foods could be made allergen-free. The waiter returned to the table and confirmed that menu items could be adjusted to accommodate Tangsuan’s allergies, according to reporting by the Associated Press.
When Tangsuan’s order of a vegan fritter, scallops, onion rings, and shepherd’s pie arrived at the table, it did not contain allergen-free flags. The couple again questioned the waiter about the safety of the food and were “guaranteed” the food was allergen-free.
After dinner, the group split up. Roughly 45 minutes later, Tangsuan walked into a Plant Hollywood and began having difficulty breathing. She collapsed to the floor and self-administered an epi-pen. Her family later tried to call her phone, and it was answered by someone who said Tangsuan had been taken to the hospital.
Tangsuan died at the hospital as a result of “anaphylaxis due to elevated levels of dairy and nuts in her system.”
In February, Tangsuan’s husband filed a wrongful death lawsuit against Walt Disney Parks and Resorts. The lawsuit accuses the company of negligence and seeks $50,000 in damages.
Related: How Do You Sue for Wrongful Death?
Disney’s Attempt to Dismiss the Case
In response to the lawsuit, Disney filed a notice asking the court to dismiss the lawsuit, citing a Terms of Use agreement that Tangsuan had agreed to when she signed up for a one-month trial subscription of Disney+ in 2019.
When users sign up for Disney+, they are asked to agree to a set of terms that include a binding arbitration clause.
“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’,” said Disney’s motion to dismiss.
Disney said the clause was cause to dismiss the case because Tangsuan had agreed not to sue Disney and that any dispute with the company would be settled at an arbitration, not in the court. In arbitration, two parties make their case in front of a neutral arbitrator who makes a binding decision or award.
If the case was sent to arbitration, it would stay out of the court system.
Related: Examples of Wrongful Death Cases Worth Fighting For
Case Goes Back to the Courts
Piccolo and his attorneys announced that they would continue their efforts to take Disney to court. “The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair,” said Piccolo’s attorney, Brian Denney in a court filing.
Both sides were scheduled to argue the motion to dismiss on October 2, but Disney changed its course.
The news of Disney’s legal approach gained public attention, and the backlash may have been part of the reason why Disney withdrew its motion in August 2024. The company announced it would withdraw its motion to dismiss and quit its attempts to move the case to arbitration.
“At Disney, we strive to put humanity above all other considerations. 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,” said Josh D’Amaro, chairperson of Disney’s theme park division.
The case will now go through the normal court system and could possibly go to trial.
Related: 6 of the Most Commonly Asked Questions About Personal Injury Cases
Talk to a Wrongful Death Attorney
If you lost a loved one due to negligence of another person or company, you deserve justice. Talk to an experienced wrongful death attorney who can help you determine a plan of action in your case. Schedule a free consultation with TJ Grimaldi to ensure you get the justice and damages you and your loved one deserve. Schedule your free consultation or call 813-226-1023
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