We’ve all heard the old adage to “always read the fine print.” But a wrongful death lawsuit against Disney – filed by a Disney+ subscriber – suggests this advice may be more important than ever.
Disney Parks and Resorts Sued
Walt Disney Parks and Resorts, one of the three major divisions of the Walt Disney Company, has launched a dismissal of a wrongful death lawsuit after a customer died while eating at a Disney restaurant.
Fatal Allergic Reaction
In February, a man named Jeffrey Piccolo filed a lawsuit against the company after his wife, Kanokporn Tangsuan, experienced a catastrophic allergic reaction at the Raglan Road Irish Pub in October last year.
Wrongful Death in Disney-affiliated Restaurant
Tangsuan died soon after eating a dish that contained both dairy and nuts. The restaurant is part of the Disney Springs shopping and entertainment complex in Orlando, Florida.
Calling for Dismissal
However, the Burbank-based company has now urged the Florida courts to dismiss the lawsuit, because the plaintiff once signed up for a free trial subscription to the Disney+ streaming service.
Look at the Fine Print
According to Disney’s legal representation, the streaming service’s fine print includes an agreement that any legal dispute between the customer and the company must be handled through third-party arbitration.
He “Agreed” to Arbitration
By clicking “I Agree” to the terms and conditions of the free one-month subscription, Disney argued that Piccolo, and all other customers who signed up for the same subscription, must settle any lawsuits involving Disney out of court.
Read the Terms and Agreements
In its court motion to dismiss the suit, the company argued that Piccolo should have read the terms and agreements of the account, made in 2019, before filing in court.
“The Subscriber Agreement States”
“The first page of the Subscriber Agreement states, in all capital letters, 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’,” the motion read.
A Shocking Defense
The defense has come as a shock to many, as consumers so often disregard the fine print when they sign up for memberships and subscriptions.
A Sticky Legal Situation
John Davisson, a litigation director with the Electronic Privacy Information Center, told the Associated Press that fighting these defenses and disputing terms of agreement can be very tricky for consumers.
“It’s Yes or No”
“The consumer is presented with this contract and really doesn’t have an opportunity to negotiate the terms. It’s yes or no,” he said.
Common and Upheld in Court
Professor Joan Stearns Johnsen, who teaches at the University of Florida’s Levin College of Law, confirmed with CBS that consumer arbitration agreements in fine print are fairly common, and often upheld by law.
The Family Responds
Tangsuan’s family and legal representation have responded to Disney’s claims with frustration but with no indication of dropping the lawsuit.
“A Horrible Precedent”
Her cousin Peter Giattino is an attorney who argued that the defense set a “horrific and horrible precedent” for consumers who do not closely analyze the terms and agreements of the services they use.
“A Fundamental Right”
“She was stolen from him, and now, in effect, what Disney is doing is trying to steal his day in court and it’s a fundamental right we all have,” he said in an interview with CBS News.
Bordering on Surreal
Attorneys for Tangsuan’s estate have called the argument “incredible” and claimed it “borders on the surreal,” due to its implications, which would mean that all subscribers have “waived the right to a jury trial enjoyed by them and any future Estate to which they are associated.”
The Fateful Day
Tangsuan, a 42-year-old New York doctor, attended the Raglan Road restaurant with Piccolo and his mother in October. Piccolo claimed they chose the restaurant because it had advertised itself as “allergen-free.”
Confirmed With Staff
The initial suit alleges that staff who were serving their table were told multiple times that Tangsuan had severe nut and dairy allergies and that they had received reassurances that her meal would be nut and dairy-free.
Medical Examiner Confirms
The lawsuit cited a medical examiner report which confirmed that Tangsuan had passed away from “anaphylaxis due to elevated levels of dairy and nut in her system.”
Disney’s Statement
“We are deeply saddened by the family’s loss and understand their grief,” a spokesperson for Disney Parks and Resorts said in a statement. “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.”
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Featured Image Credit: Shutterstock / Marko Aliaksandr.
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