Disney Ts and Cs explained as company says man can't sue for wife's death because he had Disney+ account

A man who has launched a $50,000 lawsuit against Disney over the death of his wife has faced the argument that he can't because he signed up for a free trial of Disney+ in 2019.

Earlier this year Jeffrey J. Piccolo filed a lawsuit against Walt Disney Parks and Resorts after the death of his wife, Dr Kanokporn Tangsuan.

She died of a severe allergic reaction after eating at Raglan Road Irish Pub at Disney Springs on 5 October, 2023.

The lawsuit alleges that the couple were told they could get allergen-free menu items if they asked for it, but Dr Tangsuan died of anaphylaxis later that night.

Disney are seeking to dismiss the wrongful death lawsuit on the grounds that Piccolo signed up to terms and conditions for a free trial of Disney+ which say that the matter must be settled out of court.

In a statement Disney said: "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.”

Jeffrey J. Piccolo and his wife Dr. Kanokporn Tangsuan, who died of an allergic reaction after eating at a restaurant in Disney Springs. (Facebook/ Jeffrey Piccolo)

They also said their 'position in no way affects any wrongful death or other claims the plaintiff may have against the restaurant'.

They added that Raglan Road is an 'independently owned restaurant located in Disney Springs' and that Disney's connection to the place is that of a 'landlord and tenant'.

According to court documents, Disney's legal representatives filed a motion for the case not to go to court and instead be sorted out by arbitration.

They argued that since Piccolo signed up to a free trial of Disney+ on a Playstation in 2019 and in 2023 bought tickets to Epcot, he agreed to the Disney terms and conditions, which state he agrees he can't take the company to court.

They wrote in court documents: “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 couple had been eating at Raglan Road, and had asked if they could have their food allergen-free. (Instagram/@raglanroadpub)

So what does that mean?

If you're signing up to something like Disney+ then you have to agree to their terms and conditions, which say that 'all disputes' you have with 'the Walt Disney Company or its affiliates' are subject to a binding arbitration clause.

By signing up to a free trial of Disney+ in 2019 (court records indicate that Piccolo cancelled his free trial before he was charged) and purchasing tickets to Epcot in 2023 (which his representatives say were never used) he agreed to some terms and conditions.

However, Piccolo's legal representatives said these arguments were 'preposterous' and 'inane', arguing that Disney's attempts to have the case decided by arbitration 'borders on the surreal'.

They said that 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'.

Piccolo's representatives also argue that when he was signing up to a free trial for Disney+ and buying Epcot tickets he was representing himself, whereas now he is acting on behalf of his deceased wife since he represents her estate.