Disney responds to anger over wrongful death lawsuit – “We are merely defending ourselves”

Disney officials made the statement after it was announced that the company is seeking to dismiss a wrongful death lawsuit because a grieving husband purchased a Disney+ membership years before the incident.

Kanokporn Tangsuan's widower, Jeffrey Piccolo, is suing Disney, claiming she suffered a fatal allergic reaction last October shortly after eating at the Raglan Road Irish Pub at the Walt Disney World Resort near Orlando, Florida. The case has been in federal court in Florida since February.

According to the lawsuit, Tangsuan, a doctor, informed the waiter who served her, Piccolo, and her mother-in-law that she had a severe nut and milk allergy and demanded confirmation that a number of items on the menu were free of allergens. According to the lawsuit, despite assurances that the food she ordered was free of allergens, Tangsuan suffered a severe allergic reaction to the food and later died.

Months after the lawsuit was filed, Disney recently requested that it be withdrawn from the court because Piccolo had agreed to arbitrate all disputes with Disney when he signed up for a month-long trial of the Disney+ streaming service in 2019. Disney states in court documents that Disney+'s terms and conditions state that all disputes must be submitted to binding third-party arbitration, rather than a court.

Disney's court filing said Piccolo “ignored that he previously created a Disney account and agreed to arbitrate all disputes” against Disney. It said Piccolo should have read the terms and conditions of his Disney+ account, which he used to purchase tickets to Disney World.

Disney representatives have since released a statement on the matter, saying that they are “merely defending themselves” in the litigation.

“We are deeply saddened by the family's loss and understand their grief,” said the statement released Wednesday. “Because this restaurant is neither owned nor operated by Disney, we are simply defending ourselves against the plaintiff's attorney's attempt to include us in his lawsuit against the restaurant.”

Disney World Parks and Resorts US and Great Irish Pubs Florida have been hit with a $50,000 lawsuit under Florida's wrongful death law. The companies are also being sued for emotional pain and suffering, lost income, and medical and funeral expenses. The lawsuit noted that Disney and the restaurant advertise that they accommodate people with food allergies.

The lawsuit accuses Disney of failing to “educate, train and/or instruct its employees” to ensure that “foods labeled as allergen-free or requested to be manufactured allergen-free are in fact free of allergens.”

Newsweek emailed Disney World, Piccolo's attorney and Great Irish Pubs Florida on Tuesday seeking comment.

Disney's court order seeking arbitration states: “In November 2019, Piccolo first created a Disney account through the Disney+ website. Piccolo completed the registration web form by providing personal information, including his email address, and created a password.

“Before registering the account, Piccolo had to select 'Agree and Continue.' Directly above was a disclosure informing Piccolo that '[b]By clicking 'Agree and Continue' you agree to our Subscriber Agreement.' Piccolo then selected 'Agree and Continue'.

“The term 'Subscriber Agreement' was underlined in blue font and included a hyperlink directly to the document. Piccolo also agreed to Disney's Terms of Service. Without this, Piccolo would not have been able to create a Disney account.”

Attorneys for Tangsuan's estate responded in court documents on August 2 that Disney's arguments were “incredible” because each Disney+ subscriber would have “forever waived the right to a jury trial to which they and any future estate of which they are a part.”

“As the previous sentence suggests, this argument borders on the surreal,” the estate’s lawyers claim in their response.

Disney first filed its request for arbitration on May 31 and has maintained that argument since then.