Disney abandons attempt to avoid wrongful death lawsuit after fierce backlash over Disney+ fine print

Disney is no longer asking a Florida court to dismiss a wrongful death lawsuit brought by the family of a woman who died as a result of an allergic reaction at a Disney mall.

The dismissed appeal attempted to use a sign-up for the company's Disney+ streaming service as a reason why the family could not sue Disney due to its terms and conditions.

Jeffrey Piccolo's wife, Kanokporn Tangsuan, died in October 2023 after eating at a restaurant at the Disney Springs shopping center in Orlando, Florida.

Dr. Tangsuan suffered from severe food allergies and chose the restaurant because both Disney, as the landlord, and the tenant restaurant advertised that accommodating people with food allergies was a top priority.

The company filed a statement in Orange County court on Tuesday withdrawing its motion to dismiss the lawsuit, which had sparked rapid reactions after the lawsuit became known.

Josh D'Amaro, chairman of Disney's theme parks division, said in a statement that the entertainment giant would waive its right to arbitration and litigate the lawsuit in court.

“Given the unique circumstances of this case, we believe a sensitive approach is necessary to expedite a resolution for the family who have suffered such a painful loss.”

Disney had previously argued that Jeffrey Piccolo could not sue the company because he had agreed to settle any claims against the company out of court when he signed up for a one-month trial subscription to Disney+ in 2019.

Mr Piccolo's lawyer said his client would continue to “fight for justice on behalf of his beloved wife” and hopes her ordeal has helped raise awareness of the challenges faced by people with food allergies.

He also pointed out that others who wanted to take Disney to court risked facing a similar lawsuit because the arbitration clause remains included in many of the company's terms and conditions.

“Absurd” argument in the small print

In a response filed earlier this month, Mr Piccolo's legal team argued that it was “absurd” to assume that Disney+'s more than 150 million subscribers had waived all rights to sue the company and its subsidiaries in perpetuity because of a phrase “buried” in the fine print.

In its effort to dismiss the lawsuit, the company argued that Piccolo not only agreed to the terms of arbitration in his Disney+ lawsuit, but again when he opened an account on the Disney website and app to purchase the couple's tickets for their ill-fated theme park visit.

The trial for both sides was scheduled for October 2 before a judge in Orlando. This date has now been canceled.

Arbitration allows disputes to be resolved without resorting to a court. Typically, a neutral arbitrator will review the arguments and evidence before making a binding decision or award.

Disney said in a follow-up statement that it was merely defending itself against Mr. Piccolo's attempt to include the company in his lawsuit against Raglan Road, the Irish pub in Disney Springs where the family dined.

Dr. Tangsuan suffers from a severe allergy to nuts and dairy products and the waiter assured them that their food was prepared without allergens, the lawsuit states.

But less than an hour after they finished dinner, she began having difficulty breathing, collapsed and died in the hospital despite administering an EpiPen to herself, the lawsuit says.

The medical examiner concluded that she died of “anaphylaxis due to elevated levels of dairy and nuts in her body,” the lawsuit states.

AP/Reuters