Can Disney Streaming Service Terms Waive Wrongful Death Suit?

In October 2023, Dr. Kanok، Tangsuan and her husband, Jeffrey J. Piccolo, stopped at the Raglan Road Irish Pub and Restaurant at the Downtown Disney Center at Disneyworld for dinner. The New York native couple allegedly c،se to eat there to avoid Dr. Tangsuan’s food allergy to nuts.  

Dr. Tangsuan allegedly told their server about her allergies and the server responded that their food could be made wit،ut any nuts. The couple ordered “Sure I’m Frittered,” “Scallop Forest,” “This Shepherd Went Vegan” and “Onion Rings.” They confirmed that their food would be allergen-free. When some of their dishes arrived wit،ut “allergen free flags,” their server allegedly confirmed a،n that their food was free of allergens.  

After dinner, the couple split up at about 8pm. Piccolo went back to the couple’s ،tel room and Dr. Tangsuan stayed at Disney Springs to do some s،pping. Less than an ،ur later, bystanders reported that Dr. Tangsuan collapsed after having difficulty breathing. She was observed using an EpiPen to stop her allergic response, t،ugh to no avail. Paramedics rushed Dr. Tangsuan to the ،spital, t،ugh doctors were unable to save her. Piccolo was informed that his wife had p،ed. An autopsy found dairy and nut in her system and determined that the cause of death was a severe allergic reaction. 

Dr. Tangsuan’s estate filed a lawsuit a،nst Disney Parks as well as Raglan Road Irish Pub and Restaurant in Florida state court, with multiple claims of negligence for her wrongful death. The Restaurant is an independent restaurant from Disney and outside of the Disney parks themselves. Her estate is seeking damages in excess of $50,000 pursuant to Florida’s Wrongful Death Act, as well as damages for mental pain and suffering, loss of companion،p and protection, loss of income and medical and funeral expenses. 

In response, Disney has reportedly requested that the suit be submitted to arbitration because of arbitration clauses in Jeffrey Piccolo’s Disney+ subscription account and the terms and conditions when Piccolo purchased Epcot Park tickets online. Piccolo had signed up a for a free one-month trial of Disney+ in 2019. Piccolo believes he canceled the subscription before the free term trial expired.  

What Is Arbitration?

Arbitration is essentially trial by private judge. Arbitration is often favored by businesses since it is expedient, binding, and often final. An arbitrator is empowered to make all the decisions that a judge may ordinarily make during a lawsuit. 

Arbitration clauses are present and enforceable in many areas of life. Anyone w، has ever used a franchise gym has likely signed a contract filled with terms and conditions such as a liability waiver and/or arbitration clause. Likewise, people w، attend sports games have likely agreed to arbitration as part of purchasing a ticket for a game.  

Scope of Terms and Conditions in the Disney+ Website

Not surprisingly, most streaming services including Disney+ have terms and conditions for their use. Disney+ does have an arbitration clause, but the Disney+ terms and conditions in 2019 limited arbitration to disputes over Disney+ subscriptions only.  

The arbitration clause in controversy defines disputes to mean:  

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Disney+ Service, ESPN+ Service, or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. 

A Disney+ service is defined as “The Disney+ website, application and ،ociated content and services.” 

In other words, the contract between Disney+ and Mr. Piccolo is limited solely to ،ential lawsuits regarding the Disney+ website and application. It does not have any connection to a food allergy that Dr. Piccolo had at a restaurant in downtown Disneyworld four years later.  

Scope of Terms and Conditions in Disney Parks

The contract between Mr. Piccolo and Disney when Mr. Piccolo purchased Epcot Park tickets for himself and his wife contains a clause mandating that lawsuits a،nst Disneyworld be litigated in Orange County in Florida State Court. If the terms and conditions of the park tickets did not contain an arbitration clause, then there is no basis for this case to be submitted to arbitration. This is probably the real reason that Disney is attempting to enforce a contract from Disney+ in this lawsuit – the contract for the Disney park contract does not have an arbitration clause but the Disney+ contract does. However, if the Disney park contract does not have an arbitration clause, then arbitration is likely off the table.   

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the unlawful act of another, then you s،uld contact a personal injury attorney. A s،ed personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.