A man's one-month free subscription to Disney+ years ago has come in the way of him suing the company for his wife's wrongful death at the Walt Disney resort. According to reports, Jeffrey Piccolo's wife, 42-year-old Dr Kanokporn Tangsuan (or Amy), died of anaphylaxis after consuming nuts and dairy at a resort restaurant in Disney World, Florida, in October 2023. The deceased woman, a doctor from New York, had specifically told the waiter about her allergies and was reportedly "reassured" that her food was "allergen-free". After their meal, she suffered a "severe acute allergic reaction" and died later that day.
What Disney Said After The Lawsuit
Jeffrey Piccolo sued Disney in February 2024 over the negligence of the restaurant staff at Disney Springs- Walt Disney World Resort. In his lawsuit, he demanded damages over $50,000 after his deceased wife's autopsy confirmed that the cause of her death was anaphylaxis.
However, the company defended itself stating that Piccolo signed away his right to take legal action against the company when he agreed to the terms and conditions of Disney+. The plaintiff had reportedly taken a trial of the streaming service for a month each, in 2019 and 2023.
Disney argued that the case should be dismissed and settled out of court. The company's streaming platform says in its Terms and Conditions that users of any of Walt Disney's services and their affiliated companies agree to settle any disputes with the company only via arbitration.
Arbitration is a private legal process that involves negotiating a dispute outside of court. It is often considered a risky practice as the US National Association of Consumer Advocates says “arbitrators aren’t required to take the law and legal precedent into account," and the decision cannot be appealed.
“When you create a Disney+ or ESPN+ account, you also agree to the Walt Disney Company's Terms of Use, which govern your use of other Disney Services. The services include sites, software, applications, content, products and services, which include the Disney Parks and Resorts website," it said.