Summary
Disneyis claiming that a wrongful death lawsuit should be dismissed on the basis ofa Disney+ subscription, citing the streaming platform’s Terms of Use as a reason why the lawsuit can’t happen. Disney is currently being charged by Jeffrey Piccolo after his wife, Kanokporn Tangsuan, died while eating at Raglan Road in Disney Springs during October 2023. Piccolo alleges that he informed staff numerous times about Tangsuan’s severe nut and dairy allergies, but that she was given food with allergens that caused her death. He is seeking more than $50,000 in his lawsuit.
However,The Hollywood Reporterhas revealed Disney is planning to fight Piccolo’s wrongful death lawsuit using his one-month subscription to Disney+ in 2019. The company is claiming that,by signing up for the streaming service, he had agreed to settle any lawsuits out of court.This agreement, Disney claims, also extends to creating an account on their website and app prior to his visit to the theme park where his wife died.
Does Disney Have Legal Standing To Dismiss Their Wrongful Death Lawsuit?
While it’s possible Disney has legal standing since their Disney+ Terms of Use specified having to settle out of court for any company-based dispute, the fine print also seems like a potential overreach for them.This would set the precedent that anyone who signed up for the streaming service can’t hold the company legally responsible for anything they do, which would include hundreds of millions of people around the world. If the company gets their way, it would set a negative precedent regarding Terms of Use for online platforms.
However, Tangsuan’s death at theDisneytheme parkseems like it could get justice in the form of a lawsuit, which would potentially change the way lengthy Terms of Use are presented to customers. Given the overreach of Disney+’s fine print,it wouldn’t be surprising if Piccolo’s lawsuit altered the way such digital agreements are crafted.With the lawsuit ongoing and the company seemingly reaching to get out of the lawsuit, only time will tell if the legal battle fully goes forward.
A hearing for Disney’s motion in the legal battle is scheduled for October 2 in Orlando, Florida.
