NEW YORK â Does signing up for Disney's popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?
That is what Disney argues in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
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Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langoneâs office in Carle Place, on Long Island.
The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
âThe Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," the company wrote in its motion. âThe first page of the Subscriber Agreement states, in all capital letters, that âany dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitrationâ.â
Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney's website and app ahead of the ill-fated theme park visit.
But Piccolo's lawyer, in a response filed earlier this month, argued that it was âabsurdâ to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity â even if their case has nothing to do with the popular streaming service.
âThe notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumerâs right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,â Brian Denney, Piccoloâs attorney, wrote in the Aug. 2 filing.
Disney, in its May 31 filing, argued that whether Piccolo actually reviewed the service terms is âimmaterial." It also noted the arbitration provision âcovers âall disputesâ including âdisputes involving The Walt Disney Company or its affiliatesâ.â
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments and evidence before making a binding decision, or award.
Disney said late Wednesday that it is âdeeply saddenedâ by the familyâs loss but stressed the Irish pub is neither owned nor operated by the company. The companyâs stance in the litigation doesnât affect the plaintiffâs claims against the eatery, it added.
âWe are merely defending ourselves against the plaintiffâs attorneyâs attempt to include us in their lawsuit against the restaurant,â the company wrote in an emailed statement.
Raglan Road, the Irish pub in Disney Springs where Tangsuan dined, didnât respond to an email seeking comment Wednesday. Disney Springs is owned by Disney, which leases some of the spaces in the outdoor dining, shopping and entertainment complex to other companies.
Piccolo's lawsuit, which was filed in February, claims that he, his wife and his mother decided to eat at Raglan Road on Oct. 5, 2023 because it was billed on Disneyâs website as having âallergen free food.â
After informing their server numerous times that she had a severe allergy to nuts and dairy products, Tangsuan ordered the vegan fritter, scallops, onion rings and a vegan shepherdâs pie.
The waiter then âguaranteedâ that the food was allergen-free even though some of the items were not served with âallergen free flags," the lawsuit states.
About 45 minutes after finishing their dinner, Tangsuan had difficulty breathing while out shopping, collapsed and eventually died at the hospital, despite self-administering an EpiPen during the allergic reaction, according to the lawsuit.
A medical examinerâs investigation determined later she died as a result of âanaphylaxis due to elevated levels of dairy and nut in her system,â the lawsuit said.
An Oct. 2 hearing has been scheduled on Disney's motion in county court in Orlando. Piccolo seeks more than $50,000 in his lawsuit.