In a surprising and controversial legal move, Disney is attempting to use the terms and conditions of its popular streaming service Disney+ to dismiss a wrongful death lawsuit filed over the tragic death of a 42-year-old woman.

The deceased New Yorker, Dr. Kanokporn Tangsuan, suffered a fatal allergic reaction after dining at a pub inside the world-famous theme park in Florida.

Her husband, Jeffrey J. Piccolo, took legal action against the entertainment giant in February, but Disney is now arguing that he had inadvertently waived his right to sue the company when he signed up for a Disney+ trial.

The legal twist has been raising serious questions about consumer rights and corporate accountability in the digital age.

Disney is attempting to use Disney+ terms to dismiss a lawsuit filed by Jeffrey J. Piccolo over the death of his wife, Dr. Kanokporn Tangsuan

Image credits: HenningE / Pixabay

Image credits: Rick Han / Pexels

It was during their October 2023 trip to the theme park when the series of events began.

Jeffrey, his mother, and Kanokporn chose to have dinner at Raglan Road Irish Pub and Restaurant at the resort and had asked the staff members repeatedly whether they could cater to Kanokporn’s allergies.

The couple was assured that her allergy to nuts and dairy products could be accommodated. She then ordered the vegan fritter, scallops, onion rings, and a vegan shepherd’s pie.

However, about 45 minutes after the meal, the wife had a severe allergic reaction and had difficulty breathing.

The 42-year-old woman had died from a severe allergic reaction after dining at Raglan Road Irish Pub and Restaurant inside the theme park

Image credits: Craig Adderley / Pexels

The complaint filed by Jeffrey said she collapsed and later died at the hospital.

The medical examiner concluded that she passed away from “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit stated.

The bereaved husband filed a lawsuit to sue Disney for a sum in excess of $50,000 plus legal costs.

However, the iconic media empire wants to settle the dispute without going to court.

The bereaved husband filed a lawsuit against Disney, seeking more than $50,000 in damages

In October 2023, Dr. Kanokporn Tangsuan, aged 42, tragically passed away following a severe allergic reaction to nuts after dining at Raglan Road Irish Pub and Restaurant located in Disney Springs.

Her partner, Jeffrey Piccolo, initiated a wrongful death lawsuit against Walt… pic.twitter.com/bY8AgGgBuP

— Morbid Knowledge (@Morbidful) August 14, 2024

“We are deeply saddened by the family’s loss and understand their grief,” Disney said in a statement. “Given that 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 their lawsuit against the restaurant.”

In court documents filed in May, Disney said the lawsuit should be dismissed and resolved because of the terms Jeffrey agreed to while signing up for a one-month free trial of Disney+ in 2019.

“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” the company stated in its motion. “The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.’”

Disney argued that Jeffrey had waived his right to sue when he signed up for a Disney+ trial, agreeing to binding arbitration

Jeffrey Piccolo sued after his wife died from an allergic reaction to food served at a Disney resort restaurant. Disney wants the case handled by an arbitrator. https://t.co/rh2AT437Qe

— The New York Times (@nytimes) August 15, 2024

They also said Jeffrey agreed to similar conditions when he created an account on Disney’s website and app in the lead-up to their theme park visit.

When it was Jeffrey’s turn to respond, his lawyer argued that it was “absurd” to believe that the millions of Disney+ subscribers have waived all their rights to sue the parent company and its affiliates.

Jeffrey’s attorney, Brian Denney, wrote in the Aug. 2 filing: “The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement.”

The turn of events has sparked a discussion online, with one Reddit user asking, “How can a terms of service for a streaming platform from years before able to protect Disney from a resort stay?”

The case raised questions about consumer rights and corporate accountability in the digital age

An American man can’t sue Disney in a regular lawsuit after his wife died at a theme park because he subscribed to Disney+ five years ago

Jeffrey Piccolo went with his wife (pictured) to Disneyland where they visited an Irish restaurant. After eating the meal, the woman suffered… pic.twitter.com/PJkVi2vO3Y

— NEXTA (@nexta_tv) August 14, 2024

“Makes you wonder what else they got away with because it wasn’t as popularized as this story,” another said, while a third wrote, “This is f—ing horrifying and disgusting.”

“Whoever came up with the scheme is an evil f—. Companies being able to get away with BS shenanigans like this erodes the public trust,” wrote another.

One said, “And now Disney will have a PR problem to go with their wrongful death lawsuit, much more costly for them.”

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