Disney is facing criticism after seeking to dismiss a wrongful death lawsuit, claiming a Disney+ trial subscription agreement signed by the plaintiff binds him to arbitration.
The case, filed in February by Jeffrey Piccolo, seeks £40,000 in damages following the death of his wife, Dr. Kanokporn Tangsuan, a physician at NYU Langone Hospital, last year. Court documents allege that Dr. Tangsuan suffered a fatal allergic reaction after dining at a Disney Springs restaurant.
However, Disney has argued that Piccolo's 2019 Disney+ trial subscription agreement, which required users to arbitrate disputes with the company, necessitates the dismissal of the lawsuit. Disney further claims that terms and conditions agreed to by Piccolo when purchasing theme park tickets in 2023 also shield them from liability.
Piccolo's legal team has vehemently rejected Disney's arguments, describing them as "preposterous" and "fatally flawed." In a motion filed on 2nd August, they contend that forcing a consumer to relinquish their right to a jury trial based on a free trial agreement is "outrageously unreasonable and unfair."
The lawyers also highlight that Piccolo signed the Disney+ terms on behalf of himself, not his wife or her estate, questioning the applicability of the agreement to the current legal dispute.
The case has sparked debate about the scope and enforceability of online terms and conditions. Some argue that users often agree to lengthy and complex terms without fully understanding their implications, while others contend that such agreements are necessary for businesses to protect their interests.
A hearing for the case is scheduled for 2nd October.
Piccolo's lawsuit details the tragic events of 5th October 2023, when Dr. Tangsuan dined at Raglan Road Irish Pub in Disney Springs. Court documents state that she informed the waiter about her severe dairy and nut allergies, repeatedly seeking confirmation that the ordered dishes could be served allergen-free.
Despite the waiter's alleged assurance, Dr. Tangsuan suffered a severe allergic reaction after consuming the meal. Her death was attributed to anaphylaxis due to high levels of dairy and nuts in her system, as stated in the lawsuit.
The outcome of this case could have far-reaching implications for how online terms and conditions are interpreted and enforced, particularly in cases involving serious injury or death.
