After intense public backlash, Disney backtracked and decided to allow a wrongful death lawsuit to go to court after insisting on arbitration because the widower had agreed to Disney+ terms of service when signing up for the streaming platform.
The family of a 42-year-old New York woman is suing the company after Dr. Kanokporn Tangsuan experienced a fatal allergic reaction after eating at an Irish pub at a Disneyworld restaurant in Florida last October.
Disney has been under fire ever since news broke that it demanded third-party arbitration due to the plaintiff, widower Jeffrey Piccolo, agreeing to the Disney+ terms of service agreement five years ago. Piccolo filed a $50,000 lawsuit in Florida alleging that Tangsuan, his wife, died from an allergic reaction at a resort restaurant in October 2023.
In a statement Tuesday, Disney said it had “decided to waive our right to arbitration and have the matter proceed in court.”
The statement said, “At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.”
Previously, lawyers representing the entertainment company argued that Piccolo agreeing to the Disney+ terms in 2019 meant he was only entitled to arbitration and not a court appearance.
Disney’s initial response to the complaint was that it wasn’t liable for Tangsuan’s death because it only served as a tenant for the restaurant, per Reuters. The company lawyers followed that with the arbitration argument in late May.
Lawyers for Piccolo called the motion to dismiss “absurd.”
“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,” Piccolo’s attorney Brian Denney said, per the New York Post.
Piccolo, his mother, and Tangsuan ate at the Raglan Road Irish Pub and Restaurant because it was advertised as having “proper safeguards to protect patrons” with food allergies, per the lawsuit. Tangsuan advised the waiter that she was highly allergic to nuts and dairy products and was “guaranteed” that the food was free from allergens, as indicated on the menu.
Tangsuan began having difficulty breathing about 45 minutes after consuming the meal. She collapsed and died at a hospital despite self-administering an EpiPen.
The medical examiner concluded that Tangsuan died by “anaphylaxis due to elevated levels of dairy and nut in her system,” per the lawsuit.
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