August 16th, 2024

Disney wrongful death lawsuit over allergy highlights danger of fine print

Disney is facing a wrongful death lawsuit after Kanokporn Tangsuan's allergic reaction at a park restaurant. The case highlights arbitration clauses' impact on consumer rights and calls for legislative reform.

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Disney wrongful death lawsuit over allergy highlights danger of fine print

The wrongful death lawsuit against Disney highlights the implications of arbitration clauses in consumer agreements. Jeffrey Piccolo is suing Walt Disney Parks and Resorts following the death of his wife, Kanokporn Tangsuan, who suffered a fatal allergic reaction after dining at Raglan Road Irish Pub in Disney Springs. Disney argues that Piccolo agreed to arbitrate disputes when he signed up for Disney+, thus seeking to dismiss the lawsuit. Piccolo's legal team contends that he never signed an agreement with the park and that any terms would not apply to his wife. The case raises concerns about consumers unknowingly waiving their legal rights through fine print in contracts. Legal experts note that arbitration clauses are often enforced by courts, limiting consumers' ability to pursue claims. The lawsuit claims that Tangsuan was assured her meal was allergen-free, but she later experienced anaphylaxis due to undisclosed allergens. Critics of mandatory arbitration argue it favors corporations and restricts consumer access to justice. While some lawmakers have attempted to address these issues, significant reforms remain elusive. Experts suggest that consumers should advocate for legislative changes to improve their rights in such agreements.

- Disney is facing a wrongful death lawsuit related to an allergic reaction incident.

- The company claims arbitration clauses in its agreements protect it from litigation.

- Legal experts warn that consumers often unknowingly waive rights by agreeing to fine print.

- The case underscores the challenges consumers face in seeking justice against corporations.

- Advocacy for legislative reform is suggested as a way to improve consumer rights.

Link Icon 6 comments
By @a2128 - 6 months
I'm just so baffled by this entire situation. The man's wife had an allergy which the restaurant workers allegedly reassured they can accommodate for, and then they managed to include enough allergens that her epipen did nothing. In response to this, Disney lawyers are arguing the man has no right to a wrongful death suit partly because he signed up for a Disney+ trial on his PlayStation 5 years ago (which included an arbitration clause)

Whatever amount the man is asking for surely can't come close to the reputational harm this situation is causing Disney. Disney's argument also shows being a pirate is the legally safer option here because you never have to accept any arbitration clause!

By @maeil - 6 months
So Disney is "arguing that he agreed to settle any disputes with the entertainment giant and any of its affiliates out of court when he signed up for a free trial of its streaming service Disney+" for a case about "the death of his wife at a restaurant at Walt Disney World".

If this argument is entertained by the courts at all - the likelihood of which the article seems to show varied opinions on - it would be just one more to add to the list of why Megacorporations should not be a thing at all, even if they do not have a monopoly on one particular industry.

By @chuckadams - 6 months
The jury should award punitive damages based on this tactic alone.
By @usernamed7 - 6 months
this will backfire on disney spectacularly, but as others have highlighted they probably are cornered into making this argument lest they never be able to make it again. Doesn't make it any less absurd.
By @Log_out_ - 6 months
The movements of "fuck it, burn it all down" are fed by this river of injustice and its raindrops Can virtue signal all day, but when the chips are down, the message that goes out is "This country needs a hard reset by violent revolution."
By @mensetmanusman - 6 months
Disney shouldn’t be in the restaurant business.