• iconNews
  • videos
  • entertainment
  • Home
  • News
    • UK News
    • US News
    • Australia
    • Ireland
    • World News
    • Weird News
    • Viral News
    • Sport
    • Technology
    • Science
    • True Crime
    • Travel
  • Entertainment
    • Celebrity
    • TV & Film
    • Netflix
    • Music
    • Gaming
    • TikTok
  • LAD Originals
    • Say Maaate to a Mate
    • Daily Ladness
    • Lad Files
    • UOKM8?
    • FreeToBe
    • Extinct
    • Citizen Reef
  • Advertise
  • Terms
  • Privacy & Cookies
  • LADbible Group
  • UNILAD
  • SPORTbible
  • GAMINGbible
  • Tyla
  • UNILAD Tech
  • FOODbible
  • License Our Content
  • About Us & Contact
  • Jobs
  • Latest
  • Topics A-Z
  • Authors
Facebook
Instagram
X
Threads
Snapchat
TikTok
YouTube

LAD Entertainment

YouTube

LAD Stories

Submit Your Content
Disney says man can't sue for his wife's death because he had a Disney+ account

Home> Entertainment> Disney

Updated 13:03 16 Aug 2024 GMT+1Published 12:32 16 Aug 2024 GMT+1

Disney says man can't sue for his wife's death because he had a Disney+ account

The corporation are seeking to dismiss the $50,000 lawsuit brought by widower Jeffrey J. Piccolo

Olivia Burke

Olivia Burke

This is a cautionary tale for those who agree to the terms and conditions without reading them.

Disney are seeking to dismiss a wrongful death lawsuit filed against the corporation by a widower due to the fact that he signed up for an account on it's streaming service several years ago.

Jeffrey J. Piccolo launched a legal battle against Disney Parks and Resorts in February this year following the tragic death of his wife, Dr. Kanokporn Tangsuan, 42, after she suffered an allergic reaction at one of their restaurants.

The family medicine specialist, who worked at New York University's Langone Hospital Long Island, had dined at the Raglan Road Irish Pub and Restaurant in Disney World Orlando with her husband and mother-in-law on 5 October, 2023.

Advert

According to Piccolo's legal claim, they had explicitly told employees at the eatery about Tangsuan's dairy and nut allergies, and the couple were reassured that the food was 'unequivocally' safe for her to consume.

Jeffrey J. Piccolo and Dr. Kanokporn Tangsuan were visiting a Disney Springs restaurant when tragedy struck (Facebook/ Jeffrey Piccolo)
Jeffrey J. Piccolo and Dr. Kanokporn Tangsuan were visiting a Disney Springs restaurant when tragedy struck (Facebook/ Jeffrey Piccolo)

But around 45 minutes after eating the meal, the doctor suddenly suffered from an allergic reaction while shopping in Planet Hollywood at the Florida resort and she collapsed.

Tangsuan's EpiPen was administered and she was rushed to hospital, however, she sadly could not be saved.

Her death was ruled as accidental and the cause was listed to be as a result of a severe allergic reaction (anaphylaxis).

Advert

Piccolo filed the lawsuit against both the restaurant and the Walt Disney Company, alleging that his wife's death was 'totally preventable' and could have been avoided if 'proper protocols' had been followed.

The claim accuses Disney of having 'failed to educate, train and/or instruct its employees [to] make sure food indicated as allergen free or requested to be made allergen free, was in fact free of allergens'.

The widower was seeking $50,000 in damages.

Disney are seeking to dismiss the wrongful death lawsuit due to the widower signing up to Disney+ (Gary Hershorn/Getty Images)
Disney are seeking to dismiss the wrongful death lawsuit due to the widower signing up to Disney+ (Gary Hershorn/Getty Images)

But Disney are trying to have the wrongful death lawsuit dismissed and sent to arbitration instead because of the terms which Piccolo agreed to when he previously signed up for a Disney+ account for in 2019.

Advert

It also claims that he accepted the same terms and conditions when he purchased tickets to the Disney theme park in 2023, the BBC reported.

When signing up for his one-month trial on the streaming service, Disney allege that Piccolo agreed to the terms of their 'Subscriber Agreement' listed in section seven.

It states that users must resolve any disputes through arbitration opposed to litigation, which means it must be handled with a neutral third party opposed to a formal court process where a judge or jury decides the case.

Disney's motion explained: "The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’."

The lawsuit claims that the 42-year-old medic repeatedly asked whether the food was allergen-free (Facebook)
The lawsuit claims that the 42-year-old medic repeatedly asked whether the food was allergen-free (Facebook)

Advert

But this has been branded 'preposterous' by Piccolo's lawyers, who accused the corporation of 'burying' the bizarre agreement in the terms and conditions.

In a court filing dated August 2, West Palm Beach attorney Brian Denney said it was 'outrageously unreasonable and unfair' to expect consumers to be aware of this stipulation, while asking the court not to enforce the arbitration.

Disney's legal team said that subscribers have to select checkboxes that hyperlink to the terms of use, as well as another that says they agreed to the terms, and they cannot select 'Agree & Continue' if this is not complete.

A spokesperson for Disney told LADbible Group: "We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant."

Disney said it's 'position in no way affects any wrongful death or other claims the plaintiff may have against the restaurant'.

Advert

Either way - it's a stark reminder that you really ought to double check what your agreeing to.

Featured Image Credit: Facebook / Jeffrey Piccolo

Topics: US News, Disney, Disney Plus, Food And Drink, Health

Olivia Burke
Olivia Burke

Olivia is a journalist at LADbible Group with more than five years of experience and has worked for a number of top publishers, including News UK. She also enjoys writing food reviews (as well as the eating part). She is a stereotypical reality TV addict, but still finds time for a serious documentary.

X

@livburke_

Advert

Advert

Advert

  • Disney Ts and Cs explained as company says man can't sue for wife's death because he had Disney+ account
  • Update in case after Disney said man couldn’t sue for his wife’s death because he had Disney+ account
  • MrBeast shares 'depressing' impact 14-day water-only fast had on his body
  • Man who lived on baby food for a week reveals shocking impact it had on his body

Choose your content:

11 hours ago
13 hours ago
  • 11 hours ago

    Twins who played Ross and Rachel's baby share life update as people can't believe what they look like now

    Alexandra Conley and her twin sister Athena starred in the US hit sitcom

    Entertainment
  • 13 hours ago

    Richard Hammond reveals the one thing that helped him get the job on Top Gear

    Making a good impression in an interview isn't always about what you know

    Entertainment
  • 13 hours ago

    Charlize Theron, 49, reveals she recently slept with a 26-year-old leaving fans in shock

    The actress explained her thoughts on dating during a recent appearance on the Call Her Daddy podcast

    Entertainment
  • 13 hours ago

    What racketeering conspiracy means as Diddy is found not guilty of most serious charge

    Sean 'Diddy' Combs denied all the charges against him

    Entertainment