Disney Attempts to Utilize Disney+ Free Trial Terms to Dismiss Wrongful Death Lawsuit

A lawsuit filed against Disney World following the tragic death of Kanokporn Tangsuan due to a severe food allergy has sparked a legal battle with Disney seeking to have the case dismissed. Kanokporn’s husband, Jeffrey Piccolo, alleges that Disney failed to accommodate his wife’s food allergy, leading to her untimely passing. However, Disney argues that the case should be thrown out as the couple had signed a waiver releasing Disney from liability.

The incident unfolded in 2019 when Jeffrey and Kanokporn visited Disney World, where Kanokporn’s severe food allergy was communicated to park staff. Despite their efforts, Kanokporn was served a dish containing the allergen, resulting in her tragic death.

According to the New York Post, Disney filed a motion in Orange County, Florida, asserting that Piccolo had agreed to resolve any disputes through individual binding arbitration when signing up for Disney+ years earlier. The company claimed that Piccolo agreed to similar terms when purchasing tickets through the “My Disney Experience” app before their visit to Epcot in September of the same year.

Piccolo’s legal team has criticized Disney’s argument, calling it “preposterous” and “fatally flawed.” They contended that the notion of a consumer forfeiting their right to a jury trial due to signing up for a Disney+ free trial account is unreasonable and unfair.

In response to the lawsuit, Disney moved to dismiss the case based on the waiver signed by the couple, which acknowledged the risks associated with visiting the theme park, including incidents related to food. Jeffrey Piccolo has condemned Disney’s attempt to dismiss the lawsuit, labeling it as an “outrageous” maneuver.

Piccolo’s lawyers emphasized that signing up for an internet streaming service should not absolve Disney of its responsibility for ensuring the safety of all visitors, particularly those with known allergies. The lawsuit raises crucial questions about businesses’ obligations to accommodate customers with allergies and the legal implications of waivers that release them from liability.

The next court date for this case is scheduled for October 2 in Orange County, Florida, with the outcome remaining uncertain. Disney has yet to comment on the ongoing legal proceedings, leaving the resolution of this tragic incident hanging in the balance.