The Daily Populous Thursday August 15th, 2024 night edition
Authored by bbc.com and submitted by denizorhan

Disney+ terms prevent allergy death lawsuit, Disney says

Getty Images The allergy death allegedly took place at Disney World in Florida

Disney World is arguing a man cannot sue it over the death of his wife because of terms he signed up to in a free trial of Disney+. Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife died in 2023 from a severe allergic reaction after eating at a restaurant at the theme park. However, Disney argues its terms of use, which Mr Piccolo agreed to when creating his Disney account in 2019, means they have to settle out of court. Representatives for Disney and Jeffrey Piccolo have been contacted for comment.

Mr Piccolo alleges that the restaurant at Disney World - in Orlando, Florida - that he and his wife dined at did not take enough care over her severe allergies to dairy and nuts, despite being repeatedly told about them. Dr Kanokporn Tangsuan died in hospital later that day, 5 October 2023. According to the legal filing, her death was confirmed by a medical examiner "as a result of anaphylaxis due to elevated levels of dairy and nut in her system." He is suing Disney for a sum in excess of $50,000 plus legal costs. Disney wants the case in the courts to be halted, and for the dispute to be resolved out of court, in a process called arbitration. The entertainment company argues it cannot be taken to court because, in its terms of use, it says users agree to settle any disputes with the company via arbitration. It says Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019. Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

Mr Piccolo's lawyers call Disney's arguments "preposterous" and "inane". They say Disney's case "is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial". The argument that this can be extended to wrongful death or personal injury claims "borders on the surreal," according to the legal filing. They also argue that Mr Piccolo agreed to the Disney terms of use for himself, whereas he is now acting on behalf of his deceased wife, who never agreed to the terms.

"Disney is pushing the envelope of contract law," says Ernest Aduwa, partner at Stokoe Partnership Solicitors, who are not involved in the proceedings. "The courts will have to consider, on balance, if the arbitration clause in a contract for a streaming service can really be applied to as serious an allegation of wrongful death through negligence at a theme park," he says. He adds: "Disney’s argument that accepting their terms and conditions for one product covers all interactions with that company is novel and potentially far reaching." Jibreel Tramboo, barrister at Church Court Chambers, says the terms in the Disney+ trial are a "weak argument for Disney to rely on". However, he says, the clause in the ticket purchase from 2023 may be a stronger case, "as there is a similar arbitration clause". "That may permit Disney to stay the case for arbitration," he says, "although there are many other threads that may prevent them going to arbitration given the delicate circumstances in this case."

LoverlyRails on August 14th, 2024 at 13:00 UTC »

> The entertainment company argues it cannot be taken to court because, in its terms of use, it says users agree to settle any disputes with the company via arbitration. It says Mr Piccolo agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019. Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

The article says the legal argument based on the free trial membership is weak, but the 2023 one (using the Disney account to purchase the tickets) is stronger. Does this mean people going to Disney can avoid this (agreeing to arbitration clause) by just not buying tickets through a Disney account?

I'm really hoping this man wins his case though- it's awful that Disney didn't just throw money at him for the restaurant's screw up.

Waterfish3333 on August 14th, 2024 at 12:54 UTC »

This is like a liability waiver. Laws override terms & conditions, esepcially in a contract of adhesion (essentially one side dictates terms and you have to fully accept or decline. ToS, waivers, insurance forms, etc are examples).

They of course will say it prevents a lawsuit and will want to take it to arbitration but that’s not how it works. Honestly they should probably just pay and make it go away quickly.

MikeOKurias on August 14th, 2024 at 12:53 UTC »

TL;DR: "Sorry your wife died from eating something at our restaurant at Disney World but the streaming service you signed up for several years ago requires binding arbitration so you can't have a trial or a jury...for your wife's death, that had nothing to do with the streaming service."

> They say Disney's case "is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial".