A Florida man has been barred from suing Disney after his wife died following an allergic reaction at a Disney World restaurant, due to a clause in the Disney+ terms of service he agreed to during a free trial.
Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife, Kanokporn Tangsuan, a doctor from New York, tragically passed away last year. Piccolo claims Tangsuan, who had severe dairy and nut allergies, died after suffering an allergic reaction from a meal at a restaurant in Disney Springs at the Walt Disney World Resort.
Piccolo alleges that despite repeatedly questioning the waiter about the ingredients, he was reassured that the food would be "allergen free." Following the meal, Tangsuan experienced a "severe acute allergic reaction" and later died. An autopsy confirmed her death was caused by anaphylaxis, a severe allergic reaction, due to high levels of dairy and nuts in her system.
In his lawsuit, Piccolo argued that the waiter was negligent and sought damages exceeding £40,000. However, Disney has sought to dismiss the case, arguing that Piccolo agreed to resolve any disputes with the company through arbitration when he signed up for a free trial of Disney+ in 2019 and again in 2023.
Disney maintains that the terms of use for its streaming service encompass all Disney services, including its theme parks and resorts. The company asserts that a clause in the terms applies to "all disputes," including those involving its subsidiaries, such as Walt Disney Parks and Resorts.
The case highlights a growing concern regarding the legal implications of accepting terms and conditions for online services. It raises questions about the extent to which users are aware of the full scope of these agreements and whether they understand the potential consequences of agreeing to them.
The outcome of the case will have significant ramifications for future disputes involving Disney and its services, setting a precedent for how such agreements are interpreted in legal proceedings.
