A tragic incident at the Walt Disney World Resort in Florida has led to a lawsuit against the company by Jeffrey Piccolo, whose wife, Dr. Kanokporn Tangsuan, passed away after suffering from anaphylaxis due to consuming nuts and dairy at a resort restaurant in October 2023. Dr. Tangsuan, a 42-year-old doctor from New York, had informed the waiter about her allergies and was assured that her meal would be allergen-free. Unfortunately, she experienced a severe allergic reaction after eating and tragically died later that day.
In February 2024, Jeffrey Piccolo filed a lawsuit against Disney, seeking damages of over $50,000 for the negligence of the restaurant staff at Disney Springs-Walt Disney World Resort. The autopsy confirmed that Dr. Tangsuan’s cause of death was indeed anaphylaxis. However, Disney defended itself by pointing out that Piccolo had waived his right to legal action against the company when he agreed to the terms and conditions of Disney+.
The company argued that Piccolo had previously signed up for trial subscriptions to Disney+ in 2019 and 2023, which included clauses requiring arbitration for dispute resolution. Disney insisted that the case should be dismissed and resolved through arbitration, as stipulated in the Terms and Conditions of Disney’s services and its affiliated companies.
Arbitration is a private legal process where disputes are resolved outside of the court system. However, it has been noted that arbitrators are not bound to follow legal precedent, and their decisions are final and cannot be appealed. By creating a Disney+ or ESPN+ account, users agree to the Terms of Use of the Walt Disney Company, which also governs the use of other Disney services, including the Disney Parks and Resorts website.
This legal battle highlights the complexities and implications of agreeing to terms and conditions when using online services, and the importance of understanding the legal ramifications of such agreements. The tragic loss of Dr. Tangsuan has sparked a legal dispute that delves into the intersection of consumer rights, corporate responsibility, and the legal framework governing online services and dispute resolution.
