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Disney has made a public u-turn following backlash after its legal team said that a grieving husband could not file a wrongful death lawsuit against the company because of the terms and conditions agreed to when he signed up for a free trial of Disney+
Tom Anstey | Planet Attractions | 21 Aug 2024
Disney will allow a case to go to court despite the terms of a Disney+ subscription Credit: Getty
Disney has made a public u-turn following backlash after its legal team said that a grieving husband could not file a wrongful death lawsuit against the company because of the terms and conditions agreed to when he signed up for a free trial of Disney+.
Kanokporn “Amy” Tangsuan tragically suffered a fatal allergic reaction after eating at a Disney Springs restaurant in Florida last year.
Tangsuan repeatedly notified staff at the Raglan Road Irish Pub and Restaurant of severe nut and dairy allergies, the lawsuit from her husband, Jeffrey Piccolo, claims.
After leaving the restaurant, she started having difficulty breathing and collapsed. An EpiPen was used immediately but Amy died of anaphylaxis shortly after at a nearby hospital.
Piccolo filed the US$50,000 wrongful death lawsuit following the tragic incident, but Disney argued that its terms of use, which Mr Piccolo agreed to when signing up for Disney+ in 2019, meant that he would have to settle with the entertainment giant out of court.
After a week of intense public backlash, Disney said that it will no longer seek to block the widower's wrongful death lawsuit, meaning the case can now head to court.
“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” said Disney chairman Josh D'Amaro.
“As such, we've decided to waive our right to arbitration and have the matter proceed in court.”
Disney’s legal team has argued it has no control over the management and operation of the restaurant, which is a tenant inside Disney Springs. The company says it is submitting a filing to the court to withdraw its call for arbitration.
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