Disney+ terms protect against allergy death lawsuit, according to Disney

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Disney World Faces Lawsuit Over Alleged Allergy Death

A tragic incident at Disney World in Florida has sparked a legal battle between the entertainment giant and a grieving husband. Jeffrey Piccolo has filed a wrongful death lawsuit against Disney after his wife, Dr. Kanokporn Tangsuan, passed away in 2023 from a severe allergic reaction following a meal at a restaurant in the theme park.

Piccolo alleges that the restaurant did not take proper precautions for his wife’s severe allergies to dairy and nuts, despite being informed multiple times. Dr. Tangsuan’s death was later confirmed by a medical examiner as a result of anaphylaxis due to elevated levels of dairy and nut in her system.

However, Disney is arguing that Piccolo cannot sue them due to terms he agreed to when signing up for a free trial of Disney+. The company claims that users agree to settle any disputes through arbitration, as stated in their terms of use. Piccolo’s lawyers have called Disney’s arguments “preposterous” and “inane,” stating that the terms should not apply to wrongful death or personal injury claims.

Legal experts are divided on the matter, with some questioning the validity of Disney’s argument and others acknowledging the presence of arbitration clauses in similar contracts. The case is set to be heard in front of a Florida judge in October, where Disney will push for arbitration instead of a court trial.

Arbitration is a process overseen by a neutral third party and is often quicker and cheaper than a traditional court case. While Disney may prefer the privacy and confidentiality that arbitration offers, Piccolo is adamant about having the case heard in front of a jury in a court of law.

The outcome of this legal battle could have far-reaching implications for contract law and the rights of consumers in similar situations. As the case unfolds, both parties are gearing up for a contentious legal showdown that could set a precedent for future disputes involving large corporations and individual consumers.

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