August 15th, 2024

Disney says man can't sue over wife's death because he agreed to Disney+ TOS

Disney is seeking to dismiss a wrongful death lawsuit related to Dr. Kanokporn Tangsuan's allergic reaction at a restaurant, arguing arbitration terms apply, while the plaintiff contests this applicability.

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Disney says man can't sue over wife's death because he agreed to Disney+ TOS

Disney is seeking to dismiss a wrongful death lawsuit filed by Jeffrey J. Piccolo, whose wife, Dr. Kanokporn Tangsuan, died after consuming food containing allergens at a Disney World restaurant. Piccolo claims that despite multiple inquiries about his wife's allergies, the restaurant assured them the food would be safe. Following her allergic reaction, Tangsuan collapsed and later died in the hospital. Disney argues that Piccolo agreed to arbitration terms when he signed up for a Disney+ account, which should apply to this case. The company contends that users must accept these terms to proceed with services, including ticket purchases. Piccolo's attorneys counter that the terms of the Disney+ agreement should not apply to incidents occurring at a Disney theme park and describe Disney's position as unreasonable. They are contesting the enforcement of arbitration, asserting that the agreement does not cover claims related to his wife's death. The lawsuit seeks $50,000 in damages and names both Disney Parks and the restaurant as defendants.

- Disney is attempting to dismiss a wrongful death lawsuit based on arbitration terms agreed to by the plaintiff.

- The lawsuit stems from the death of Dr. Kanokporn Tangsuan due to an allergic reaction at a Disney World restaurant.

- Piccolo's attorneys argue that the Disney+ terms do not apply to incidents at Disney parks.

- The lawsuit seeks $50,000 in damages for alleged negligence by Disney and the restaurant.

- The case highlights the complexities of arbitration agreements in consumer contracts.

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