Lawyers for Disney World have impressed lawyers worldwide following reports that it has argued that a husband of a woman who died from anaphylaxis after eating at a Disney World restaurant is restrained from suing Disney because of terms agreed to when he signed up to a free trial of Disney+.
Widower Jeffrey Piccolo filed a wrongful death lawsuit against Disney, but Disney relying on it’s tos argues its terms of use agreed to by Mr Piccolo in 2019 requires an out of court settlement.
Mr Piccolo says that the restaurant at Disney World that he and his wife dined at did not take enough care over her severe allergies to dairy and nuts. His wife, who was a doctor, Dr Kanokporn Tangsuan died 5 October 2023 “as a result of anaphylaxis”.
Disney notes that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.
This impressive argument has been made, but a ruling on it has not yet been finalsed. Disney’s motion to have the case decided by arbitration will be heard before a judge in Florida in October.