Disney withdraws arbitration offer in allergy death case after backlash – DW – 20.08.2024

Following heated online reactions, the Walt Disney Co. has withdrawn a controversial motion to dismiss a wrongful death case in court.

The company is facing a lawsuit after a woman died of an allergic reaction at a Disney mall in Orlando, Florida.

The entertainment giant had argued that the plaintiff, the woman's husband, had agreed to settle all legal issues in arbitration rather than in court by signing up for a one-month trial membership to Disney+, the company's streaming service, in 2019.

But after the decision was widely criticized, the company's lawyers filed a request with the court on Tuesday to withdraw their original application.

What did Disney say?

“At Disney, we strive to put humanity above all other considerations,” Josh D'Amaro, chairman of Disney's theme parks division, said in Monday evening's statement.

“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.”

“For this reason, we have decided to waive our right to arbitration and litigate the matter in court,” D'Amaro added.

Disney had initially argued that the company was not liable because it did not control the restaurant where the family ate, but merely acted as a landlord.

But a second motion, originally filed in May, argued that the case should be settled in arbitration. In addition to the one-time subscription, a similar agreement was made when purchasing tickets to the Disney park, the company's lawyers said.

Why is Disney being sued?

The lawsuit centers on the death of Kanokporn Tangsuan, a New York doctor who was dining with her husband and mother at the Raglan Road Irish Pub and Restaurant on October 5, 2023.

They chose this location because both the restaurant and Disney had advertised that they were particularly accommodating to food allergies.

However, despite asking the wait staff, Tangsuan suffered an acute allergic reaction and died of anaphylactic shock due to elevated levels of nuts and milk in her body.

In response to Disney's argument that the plaintiff was bound to arbitration, lawyers for Tangsuan's husband said it was “absurd” to claim that the company's 150 million subscribers had waived their right to sue the company based on terms contained in the fine print of unrelated contracts signed years ago.

ab/lo (Reuters, AP)