Disney World is facing a contentious legal battle as it argues that a wrongful death lawsuit filed by Jeffrey Piccolo should be resolved through arbitration due to terms agreed upon when he signed up for a Disney+ free trial. The lawsuit stems from the tragic death of Piccolo’s wife, Dr. Kanokporn Tangsuan, who died from anaphylaxis after dining at a Disney World restaurant.
Piccolo alleges that the restaurant failed to properly address his wife’s severe dairy and nut allergies, leading to her death on October 5, 2023. In response, Disney contends that its terms of use, which Piccolo agreed to when creating his Disney+ account in 2019 and again when purchasing theme park tickets, mandate that any disputes be settled through arbitration rather than in court.
Piccolo’s legal team has criticized Disney’s position, describing it as “preposterous” and suggesting that extending streaming service terms to cover all interactions with the company is an extreme interpretation of contract law. They argue that Piccolo’s agreement was personal and does not extend to claims filed on behalf of his deceased wife.
Legal experts are divided on the issue. Some view Disney’s argument as an overreach, while others believe that the arbitration clause in the 2023 ticket purchase might hold more weight. The upcoming court hearing in Florida will determine whether the case will proceed in court or be redirected to arbitration.
Arbitration offers a private and typically less costly alternative to a public trial, which Disney may prefer to avoid the scrutiny and publicity of a court case.
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