Disney is trying to get a wrongful death lawsuit tossed because the plaintiff signed up for a free trial of Disney+ five years ago.
How many people actually read the terms and conditions of the services they sign up for? I’m guessing very few, but perhaps you should. Jeffrey J. Piccolo filed a lawsuit against Disney Parks and Resorts in February after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction after eating at a restaurant in Disney World. However, Disney is arguing that the $50,000 lawsuit should be dismissed and resolved by individual arbitration because of the terms Piccolo agreed to when he signed up for a free trial of Disney+… five years ago.
In his complaint, Piccolo said that he, his wife, and his mother dined at the Raglan Road Irish Pub and Restaurant located in Disney Springs. They asked several times whether Tangsuan’s severe allergies to dairy and nuts could be accommodated and were assured that it would be no problem. Sadly, Tangsuan suffered a severe allergic reaction and died later that day in hospital. But because Piccolo accepted Disney’s terms when he signed up for a trial of Disney+ in 2019, the company’s lawyers are trying to get the lawsuit dismissed. Disney’s filing also says that Piccolo accepted the same terms when he bought tickets on the Walt Disney Parks website.
Disney’s terms of use state that “any dispute between you and us, except for small claims, is subject to a class action waiver and must be resolved by individual binding arbitration,” and it’s not the only company to include this language. Airbnb, DirecTV, and Walmart have made this argument in similar cases.
A spokesperson for Disney said: “We are deeply saddened by the family’s loss and understand their grief. 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.” The company added that its “position in no way affects any wrongful death or other claims the plaintiff may have against the restaurant.“
Piccolo’s lawyers say that Disney’s argument is “preposterous” and “inane,” adding that the company’s case “is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial.“