NEW YORK (AP) — Have you unknowingly given up your right to sue Disney forever by signing up for their streaming service?
This issue arises in a wrongful death lawsuit involving a 42-year-old New York doctor who tragically passed away after dining at an Irish pub in Disney Springs in October.
Disney is seeking to dismiss a lawsuit filed by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist at NYU Langone’s office in Carle Place, New York.
The company argues that Piccolo had agreed to resolve any legal disputes through arbitration, a process outside of the court system, when he signed up for a one-month trial of Disney+ in 2019 and acknowledged reviewing the terms and conditions.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” Disney stated in its legal motion. “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’.”
However, Piccolo’s lawyer argued that it is unreasonable to assume that over 150 million Disney+ subscribers have forfeited their right to sue the company and its affiliates indefinitely, even if the lawsuit is unrelated to the streaming service.
“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement,” Brian Denney, Piccolo’s attorney, wrote in a filing submitted on Aug. 2.
Representatives for The Walt Disney Company and Raglan Road, the pub in Disney Springs where Tangsuan dined, have not responded to requests for comments as of Wednesday.
Disney contended in its legal filing on May 31 that whether Piccolo had thoroughly reviewed the service terms is irrelevant. The company also highlighted that the arbitration provision “covers ‘all disputes’ including ‘disputes involving The Walt Disney Company or its affiliates’.”
Arbitration provides a means for resolving conflicts without resorting to court proceedings, typically involving a neutral arbitrator who assesses arguments and evidence before making a final decision.
Piccolo’s lawsuit, filed in February, alleges that he, his wife, and his mother dined at Raglan Road Irish Pub in Disney Springs on Oct. 5, 2023.
Despite informing the server multiple times about Tangsuan’s severe nut and dairy allergies and requesting allergen-free food, Tangsuan ordered items that allegedly contained allergens. The lawsuit claims that the waiter assured her the food was allergen-free, even though not all items were flagged as such.
About 45 minutes after the meal, Tangsuan experienced breathing difficulties while shopping, collapsed, and later passed away in the hospital despite administering an EpiPen during the allergic reaction.
An autopsy revealed that she died from “anaphylaxis due to elevated levels of dairy and nut in her system,” according to the lawsuit.
A hearing on Disney’s request to dismiss the case is scheduled for Oct. 2 in county court in Orlando. Piccolo is seeking damages of over $50,000 in his lawsuit.
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