Disney Wrongful Death Lawsuit
A Wrongful Death lawsuit against Disney was filed by Jeffrey Piccolo, who claims his wife, Kanokporn Tangsuan, died at Raglan Road in Disney Springs. He alleges that Tangsuan died from an allergic reaction to allergen food she was given at the restaurant, despite her known nut and dairy allergies. He seeks over $50,000 in damages.
Disney's Legal Argument
Disney is seeking to have the lawsuit dismissed based on Piccolo's Disney+ subscription in 2019. The company argues that by subscribing to their streaming service, Piccolo agreed to settle all future disputes outside of court. Disney further claims that this agreement also covers Disney online platforms and applies to Piccolo’s theme park visit.
Legal Standing for Dismissal
Disney claims it has the legal right to dismiss the lawsuit as its Disney+ Terms of Use outline the requirement of settling any disputes out of court. However, legal experts believe it may be an overreach. This could create a dangerous precedent: that all Disney+ customers forfeit their rights to sue the company for anything, even death caused by negligence. If this precedent was set, it would affect a substantial amount of people worldwide.
Disney Springs Death
Tangsuan’s death in Disney Springs is the core of the lawsuit. It allegedly resulted from negligence related to the service's failure to address the customer's allergies properly. The lawsuit may force Disney to reevaluate its procedures to address food allergies and potential medical emergencies in the future.
The Fine Print of Disney+ Terms of Use
The Disney+ Terms of Use, which Disney claims is relevant to the wrongful death lawsuit, outlines conditions customers accept by subscribing to the service. These can often include terms like arbitration and a waiver of the right to class actions, which means a single individual cannot represent a group of people in a lawsuit. The case of Tangsuan's death, however, presents an unforeseen scenario involving a death caused by the alleged negligence of the company.
Disney Legal Responsibility
Disney has argued it is not responsible for what happened at Raglan Road, as the Irish pub is not directly owned or operated by Disney, but rather a third-party establishment. However, this argument is complex due to the Disney company’s extensive ownership and management within Disney Springs.
