Disney Seeks Dismissal of Wrongful Death Suit Citing Arbitration Clause

Walt Disney Parks and Resorts currently finds itself embroiled in a legal dispute that has caught the attention of both legal experts and consumers worldwide. The entertainment giant is attempting to dismiss a wrongful death lawsuit, leveraging the plaintiff's previous engagement with Disney products and services as a basis for requiring arbitration. Jeffrey Piccolo, the grieving widower of Kanokporn Tangsuan, is at the center of the case after his wife suffered a fatal allergic reaction at Disney Springs' Raglan Road Irish Pub.

The legal argument put forward by Disney hinges on an arbitration clause that was part of the terms of service when Piccolo signed up for a one-month trial of Disney+ in 2019. This clause stipulates that users agree to arbitrate disputes rather than take them to court. Disney's lawyers also argue that by purchasing Epcot Center tickets through the Walt Disney Parks’ website, Piccolo essentially waived the right to bring a lawsuit against the company.

However, Piccolo's legal counsel, Brian Denney, has fervently opposed this line of reasoning. Denney has described Disney's claim that such an agreement can strip a consumer of the right to a jury trial on any matter involving Disney's broad spectrum of subsidiaries and affiliates as "outrageously unreasonable and unfair." This sentiment is encapsulated in his recent court filing, which aims to draw the line between the unrelated circumstances of the Disney+ subscription and an incident directly involving the Parks and Resorts' services.

In October 2023, the tragic event unfolded at the Raglan Road Irish Pub, where Tangsuan, believing in the establishment's ability to cater to her dietary needs, consumed multiple dishes following the staff's reassurances of their allergen-free nature. Sadly, after dining, Tangsuan suffered an anaphylactic reaction that, despite her use of an Epi-Pen, led to her untimely death.

Piccolo is seeking damages under Florida’s Wrongful Death Act, including compensation for the non-monetary loss suffered, such as mental anguish, loss of companionship, as well as economic damages like lost income and the costs associated with medical and funeral services.

Walt Disney Parks and Resorts has not publically commented on the case, and the upcoming decision could set a significant precedent regarding the reach of arbitration clauses across separate branches of a single conglomerate, potentially impacting millions of consumers.