Disney uses streaming terms to fend off wrongful death lawsuit

As a widower sues Disney over the death of his wife at Walt Disney World and Resorts, the company is trying to block the lawsuit using its Disney+ streaming terms.

In a recent motion, Disney's lawyers asked for Jeffrey Piccolo's $50,000 lawsuit to be dismissed and for it to be settled out of court. They previously claimed that his wife, Dr. Kanokporn Tangsuan, died of an allergic reaction at the Florida resort's Raglan Road Irish Pub in October 2023.

They argued that by signing up for a free 30-day trial of Disney+ in 2019 and again when purchasing the theme park tickets in 2023 through his Disney+ account, Piccolo agreed to the streamer's terms of service, which include that “all disputes” with “The Walt Disney Company or its affiliates” will be settled out of court through arbitration.

“We are deeply saddened by the family's loss and understand their grief,” Disney's lawyers said in a statement shared by The Guardian“Because this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff's attorney's attempt to include us in his lawsuit against the restaurant.”

Piccolo's lawyers said in a response that the argument “bordered on the surreal,” adding: “The notion that terms a consumer agrees to when creating a free trial account for Disney+ would forever deny that consumer the right to a jury trial in disputes with a Disney affiliate or subsidiary is so egregiously unreasonable and unfair that it shocks the judicial conscience, and this Court should not enforce such an agreement.”

“In fact, Walt Disney Parks and Resorts is specifically seeking to prevent its 150 million Disney+ subscribers from ever pursuing a wrongful death case against the company before a jury, even if the facts of the case have nothing to do with Disney+.”