How does Disney use past user agreements in this lawsuit?

Question

Accepted Answer

Disney Argues Past User Agreements Mandate Arbitration in Wrongful Death Lawsuit

Disney is seeking the dismissal of a wrongful death lawsuit by arguing that the plaintiff, Jeffrey Piccolo, is bound by arbitration clauses in user agreements he previously accepted. Piccolo, the husband of Kanokporn Tangsuan, filed the lawsuit alleging his wife died from a severe allergic reaction after dining at a Disney Springs restaurant. Disney contends that Piccolo's prior agreements, including a Disney+ subscription and a purchase through the "My Disney Experience" app, require that disputes be resolved through individual binding arbitration, rather than a jury trial.
Arbitration Clauses in Disney+ and App Agreements

Disney's motion for dismissal hinges on two specific user agreements Piccolo entered into. The company asserts that when Piccolo subscribed to a Disney+ trial in 2019 via his PlayStation, he agreed to terms that mandated the arbitration of any disputes, with the exception of small claims cases. Furthermore, Disney points to Piccolo's use of the "My Disney Experience" app to purchase tickets for Epcot in September 2023, a month before the incident, stating he also agreed to similar arbitration terms at that time. Disney's filings indicate that both of these agreements required Piccolo to accept the arbitration clauses prior to completing his transactions.
Piccolo's Estate Contests Agreement Validity

Attorneys representing Jeffrey Piccolo, acting as the personal representative of Kanokporn Tangsuan's estate, have challenged Disney's arbitration argument. They have described Disney's motion as "fatally flawed" and "outrageously unreasonable and unfair." The estate's legal team argues that it is unreasonable and unjust to enforce terms agreed upon during a free trial or app purchase that would indefinitely preclude a consumer from seeking a jury trial against any Disney affiliate or subsidiary. This stance suggests that the scope and fairness of these past agreements are central to the estate's opposition.
Allegations of Negligence Leading to Fatal Allergic Reaction

The underlying lawsuit stems from the death of Kanokporn Tangsuan, a New York University doctor, who died from anaphylaxis on October 5. Piccolo alleges that his wife suffered a deadly allergic reaction after consuming food at Raglan Road Irish Pub and Restaurant. He further claims that both Disney and the restaurant staff were negligent because Tangsuan had explicitly informed them of her severe nut and dairy allergies. The wrongful death lawsuit seeks US$50,000 in damages.

Reading history

Hide →

This history is cleared when the page is closed.

How does Disney use past user agreements in this lawsuit?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends