In response to a lawsuit alleging that a man's wife died after eating at a Disney resort, Disney claims that anyone who has used Disney+ even once cannot sue Disney forever.
In a lawsuit filed by the husband of a woman who died after suffering an allergic reaction to food served at a restaurant in Disney World, Disney has asked for the case to be dismissed, arguing that the husband cannot sue Disney because he had a Disney+ account and agreed to the arbitration clause.
New York doctor's husband suing Disney for negligence in wrongful death case | AP News
The incident in question occurred on October 5, 2023, when Jeffrey J. Piccolo, his wife Kanokpong Tangsuan, and their mother were visiting Disney Springs, a shopping mall at Walt Disney World Resort in Florida.
Tan Xuan, who has severe allergies to dairy and nuts, informed the staff at the Raglan Road Irish Pub & Restaurant that he needed to accommodate his allergies, and the staff agreed. He ordered broccoli and corn fritters for vegetarians, a scallop appetizer, and a vegan main dish and onion rings.
After the meal, Piccolo returned to his room to rest, while Tang Xuan and his mother continued shopping separately, but about 45 minutes later, Tang Xuan entered Planet Hollywood and collapsed to the floor due to breathing difficulties. Suffering from an allergic reaction, Tang Xuan administered an EpiPen himself and was taken to a local hospital, where he later died. Piccolo's mother tried to call Tang Xuan to meet her but was unable to get through, and by the time she called back to the hotel, he had already been taken to the hospital.
A coroner's investigation found that Mr Tan Xuan died from anaphylactic shock caused by dairy and nuts.
Piccolo has filed a lawsuit against Disney seeking $50,000 in damages, but Disney has said that Piccolo signed up for Disney+ in 2019 and agreed to the arbitration clause at that time, and has asked for the lawsuit to be dismissed.
Disney Seeking Dismissal of Raglan Road Death Lawsuit Because Victim Was Disney+ Subscriber - WDW News Today
https://wdwnt.com/2024/08/disney-dismissal-wrongful-death-lawsuit/
Disney+ streaming terms mean lawsuit after LI doc Kanokporn Tangsuan's food allergy death must be tossed, Disney says - Newsday
Disney claims husband can't sue over wrongful death - because he signed up to Disney+ trial | US News | Sky News
https://news.sky.com/story/disney-claims-husband-cant-sue-over-wrongful-death-because-he-signed-up-to-disney-trial-13197216
The arbitration clause stated that 'except for small claims actions, any disputes between you (Disney+ subscribers) and us (Disney) must be resolved by individual binding arbitration, subject to a waiver of class action rights,' and incorporated a separate agreement to Disney's broad terms of use that includes a similar waiver covering all disputes involving Disney and its affiliates.
The Walt Disney Company's terms of use, published in Japanese, also include a 'binding arbitration and class action waiver' that applies to the services Disney offers not only in the United States and Japan.
Japanese / Japanese – Disney Terms of Use – Disney Terms of Use
https://disneytermsofuse.com/japanese/
Disney also explained that Piccolo agreed to similar terms when he used the Disney app to purchase tickets to Epcot at Walt Disney World Resort.
Brian Denney, the attorney representing Piccolo, harshly criticized the provision to which consumers agreed when creating a free trial account for Disney+, which states that they would 'permanently lose the right to a jury trial in any dispute with any Disney affiliate or subsidiary,' saying, 'This agreement is so egregiously unreasonable and unfair that it shocks the judicial conscience, and this court should not enforce such an agreement.'
'Disney is setting a dangerous precedent,' said Peter Giattino, an attorney representing Piccolo.
However, Joan Stearns Johnsen, director of the Institute for Dispute Resolution at the University of Florida Levin College of Law, was quoted as saying by Newsday that 'with very few exceptions, (arbitration clauses) are enforceable. It's a contract. You checked 'OK,' you scrolled down, you did what you needed to do. You agreed.'
According to the news site Sky News, Disney expressed deep sadness over the loss of the family and said it is not involved in the operation or management of the Raglan Road Irish Pub and Restaurant.
A hearing on the case is scheduled to take place in October 2024.
Continued
Disney withdraws request to drop wrongful death lawsuit over Disney+ terms of service agreement - GIGAZINE
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