Disney says man can't sue over wife's death because he agreed to Disney+ terms of service (2024)

Disney is trying to have a widower's wrongful death lawsuit dismissed and sent to arbitration because the man had signed up for a Disney+ account several years ago.

Jeffrey J. Piccolo sued Disney Parks and Resorts in February, months after his wife, Dr. Kanokporn Tangsuan, died after she consumed food containing allergensat a restaurant in Disney World.

Piccolo said in his complaint that he, his wife and his mother went to dinner at Raglan Road Irish Pub and Restaurant at the resort in Orlando, Florida, on Oct. 5. They asked several times whether Tangsuan's allergies could be accommodated, according to the complaint. Despite the server’s having assured them, Tangsuan had a severe allergic reaction and died at a local hospital, the complaint said.

Disney filed court documents in May saying the $50,000 lawsuit should be dismissed and resolved by individual arbitration because of terms Piccolo agreed to when he signed up for a free trial of the streaming service Disney+. The filing also says he accepted the same terms when he used the Walt Disney Parks website to buy tickets.

Lawyers for the company said that users have to select checkboxes that hyperlink to the terms of use, as well as another that says they agreed to the terms. Users cannot select "Agree & Continue" if the boxes are not checked, the filing says.

The filing included a copy of its terms and conditions. A section titled "Disney Terms of Use" says 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."

A spokesperson for Disney told NBC News: “We are deeply saddened by the family’s loss and understand their grief. 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.”

Disney says man can't sue over wife's death because he agreed to Disney+ terms of service (1)

The company said that its “position in no way affects any wrongful death or other claims the plaintiff may have against the restaurant.” Disney added that arbitration is commonly recognized as quicker and less costly than litigation.

An attorney for Piccolo did not immediately respond to a request for comment Wednesday.

Piccolo's lawyers filed a response early this month, slamming Disney's reasoning for seeking a dismissal as "preposterous." They said he signed up for the Disney+ account on his PlayStation but believe he canceled it during the free trial.

"There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort which ultimately led to her death," the attorneys said.

They went on to say that 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 ... is so outrageously unreasonable and unfair."

His lawyers asked the court not to enforce arbitration.

Piccolo accused the Florida resort and a restaurant of negligence in his wife's death. He said in his complaint that they told the server at Raglan Road that Tangsuan, who was a physician with NYU Langone Health, had severe allergies. The server told the family that the food would be made allergy-free, according to the complaint.

The family ordered their meals and asked again about the food when the dishes came out without "allergen free flags," the complaint says. They were once again assured by the server, it says.

Not long after having eaten, Tangsuan began having trouble breathing, went into a nearby restaurant and collapsed. The complaint says she was having a "severe acute allergic reaction to the food served at Raglan."

Tangsuan used her EpiPen to help stop her allergic reaction while a bystander called 911, the complaint says. Her husband, who had gone back to their hotel room, was unaware of what was happening, it says. When Piccolo called his wife's cellphone, a bystander answered and told him she had been taken to the hospital, according to the complaint. When he arrived, he was told she had died, it says.

A medical examiner’s autopsy report cited in the complaint said Tangsuan died from anaphylaxis and had elevated levels of nut and dairy in her system. Her death was ruled an accident.

The suit, which names the restaurant and Disney Parks and Resorts as defendants, seeks $50,000 in damages.

Minyvonne Burke

Minyvonne Burke is a senior breaking news reporter for NBC News.

Madison Lambert

contributed

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Disney says man can't sue over wife's death because he agreed to Disney+ terms of service (2024)

FAQs

Disney says man can't sue over wife's death because he agreed to Disney+ terms of service? ›

Disney drops bid to stop allergy death lawsuit over Disney+ terms. Disney has withdrawn its claim that a man could not sue it over the death of his wife because of terms he signed up to in a free trial of Disney+.

Can Disney widower from Disney court? ›

Disney has backpedaled on its controversial legal claim that a man whose wife died at its Florida theme park couldn't sue the company for wrongful death because he'd promised not to when he signed the terms and conditions of a Disney+ free trial years before, with the company now agreeing to go to court in the case.

Can you sue Disney if you have Disney+? ›

Its reasoning? The entertainment and media conglomerate argued that when Tangsuan's husband signed up for Disney+, the company's video streaming service, in 2019, the online terms of service he agreed to required that he resolve any disputes against the company in arbitration – not a courtroom.

Who sued Disney Plus? ›

Disney had previously argued that Jeffrey Piccolo could not sue the company because he agreed to settle any lawsuits against the company out of court when he signed up for a one-month trial subscription to Disney+ back in 2019.

Does anyone in the Disney family still own? ›

Does the Disney family still own Disney? No one person or family own The Walt Disney Company any more.

Did Disney sue a family for putting Spiderman on their sons grave? ›

Disney denied the request, citing a rule handed down by Walt Disney himself. While he was alive, Disney banned the use of Disney characters on graves, tombstones, and other memorial markers.

What is the Disney lawsuit about? ›

Disney has withdrawn its claim that a man could not sue it over the death of his wife because of terms he signed up to in a free trial of Disney+.

Does Disney Plus have scandal? ›

Watch Scandal | Full episodes | Disney+ Olivia Pope, former head of media relations to the President, opens her own firm. She and her team use their skills to become the most formidable problem solvers in Washington.

Can I throw Disney Plus to my TV? ›

You can use Chromecast or Apple Airplay to wirelessly stream Disney+ content from your Android or iOS mobile device to your TV. Please select your streaming solution and follow the recommended steps.

What celebrity is suing Disney? ›

Carano had sued Disney earlier this year over her high-profile firing from the Disney+ series The Mandalorian in 2021, in which the company said that “her social media posts denigrating people based on their cultural and religious identities are abhorrent and unacceptable.”

Who is Disney plus owned by? ›

Disney+ is an American subscription video on-demand over-the-top streaming media service owned and operated by Disney Streaming, the streaming division of Disney Entertainment, a major business segment of the Walt Disney Company.

What is the controversy with the Disney company? ›

In particular, the Walt Disney Studios has been criticized for including stereotypical portrayal of non-white characters, sexism, and alleged plagiarism.

Who inherits Disney? ›

A: Walt Disney's fortune was inherited by his family, including his wife and two daughters.

Can you sue Disney if you fall? ›

This means that Disney World pays guest personal injury claims with its own money. So if you're injured in a slip or trip and fall at Disney World, expect them to pay your claim with their own money. The same is true if a Disney bus or vehicle hits and injures you.

Are Disney tickets tied to a person? ›

Yes. If the ticket has not yet been used, you can reassign a ticket to another person on your Family & Friends list. To do so, visit the My Reservations section of My Disney Experience, locate the ticket you wish to reassign and select the “Reassign Ticket” link to the right of the ticket.

What characters is Disney losing rights to? ›

' An early iteration of Mickey Mouse has entered the public domain alongside Winnie-the-Pooh, Sherlock Holmes and Robin Hood, signaling potential legal action by companies like Disney and Warner Bros. and a swathe of new creations based on the iconic characters.

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