Disney says man can’t sue over wife’s death at restaurant as he signed up for Disney+ & agreed to its terms

Perhaps it is time for everyone to read the terms and conditions more closely before clicking "agree".

According to AP News in February 2024, the husband of a doctor in the United States filed a lawsuit for a US$50,000 (S$65,942) compensation against Disney, accusing the Walt Disney Parks and Resorts of negligence.

Jeffrey Piccolo claimed that his wife, Kanokporn Tangsuan, a doctor from New York, had a fatal allergic reaction in October 2023 after eating at an Irish pub in Disney Springs in Florida.

On Aug. 8, Disney argued that per its terms of use of the free trial of Disney+ that Piccolo had signed up for back in 2019, they would have to settle out of court, BBC stated.

This was due to the subscriber agreement, which stipulated that any dispute, except small claims, would be resolved through arbitration, which would prevent a jury trial.

Severe allergies

On Oct. 5, 2023, Piccolo, his mother and Tangsuan were dining at Raglan Road Irish Pub at Disney Springs.

As Tangsuan had a severe allergy to nuts and dairy products, she informed the staff that she needed "allergen free food", said AP News.

The lawsuit detailed that the couple asked the waiter about various items, and the waiter checked with the chef "whether certain foods could be made allergen-free" before returning to their table and confirming that they could.

The couple apparently asked the waiter several more times if the food would be allergen-free before the wife ordered.

However, when the food arrived, some items did not contain "allergen-free flags".

This led to the couple asking the waiter if the items were nut and dairy-free, which the waiter "guaranteed" they were, AP News reported.

The lawsuit wrote that after dinner, Tangsuan and Piccolo's mother went shopping separately at Disney Springs, while Piccolo returned to the room with leftover food.

About 45 minutes later, Tangsuan collapsed and had difficulty breathing when she entered a store, said AP News.

The lawsuit stated that Tangsuan had self-administered an epi-pen (epinephrine autoinjector), while suffering from an allergic reaction.

When it was time to meet up, Piccolo's mother called Tangsuan, but the calls went unanswered.

When the mother-in-law returned to the hotel, she called Tangsuan's phone again, and someone answered to say Tangsuan had been taken to a hospital.

According to the lawsuit, Tangsuan died at the hospital.

A medical examiner's investigation determined that she died as a result of "anaphylaxis due to elevated levels of dairy and nut in her system".

The lawsuit alleged that the pub failed to "educate, train and/or instruct its employees to make sure food was allergen-free".

Where is the pub?

Ragland Road Irish Pub and Restaurant is located at Disney Springs in Walt Disney World, Florida.

Disney Springs is a shopping district located within the Disney resort, but is not in the theme parks.

The fine print

According to the BBC, Disney argued that it cannot be taken to court due to its terms of use, which state that Disney+ users agree to settle any dispute with the company via arbitration.

In addition, Piccolo agreed once again in 2023 when purchasing tickets for its theme park with his Disney account.

In its statement, Disney said that "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".

"We are deeply saddened by the family's loss and understand their grief," Disney added.

Piccolo's lawyers called Disney's argument "preposterous" and "inane", said BBC.

They also argued that Piccolo agreed to Disney's terms of use for himself, whereas now he is acting on behalf of his deceased wife, who never agreed to the terms.

Top photos via Jeffrey Piccolo & Google Maps