Disney Plus is one of the most popular streaming services currently available. However, for one subscriber, the terms of the service may prevent him from filing a very serious lawsuit. The man named Jeffrey Piccolo, who once subscribed to Disney Plus, is suing the Walt Disney Company after his wife, Kanokporn Tangsuan, died from a fatal allergy as the result of food served by Disney World’s Disney Springs restaurant Raglan Road.
The lawsuit claims that both Piccolo and his wife were aware of her food allergies. However, the restaurant “assured” them that their food was “allergen free.” This was not the case, however, as the medical examiner’s report found that Tangsuan’s cause of death was “anaphylaxis due to elevated levels of dairy and nut in her system.”
This information, as shared in the suit obtained by IndieWire, adds that Piccolo is seeking “in excess of $50,000” in his wrongful death suit being filed against Disney Parks. As further emphasized by his attorney, Brian Denney, in an email sent to the publication:
“Mr. Piccolo‘s damages claimed are far greater than $50,000 for the loss of his beloved wife and partner,” the email reads.
As such, Piccolo is seeking a trial by jury to establish the suit. Disney, on the other hand, has their own method of trying to get the case thrown out. They’re using Piccolo’s history as a Disney Plus account holder against him to prevent the suit following his wife’s allergy death.
“In November 2019, Piccolo initially created a Disney account through the Disney+ website,” the motion reads.
This is because the “Terms & Conditions” shared by Disney Plus states that any subscriber cannot sue Disney. Rather, “disputes” with The Walt Disney Company and their affiliates must be resolved by binding arbitration. As further explained in the motion:
“Piccolo completed the registration webform by providing personal information, including his email address, and created a password. Before registering the account, Piccolo had to select ‘Agree & Continue.’ Immediately above was a disclosure notifying Piccolo that ‘[b]y clicking Agree & Continue, you agree to our Subscriber Agreement.’ Piccolo then selected ‘Agree and Continue.’
Here’s the part of their “Subscriber Agreement” that makes things so difficult for Piccolo:
“There may be instances in which disputes arise between us,” the statement reads. “You, on the one hand, and Disney+ and/or ESPN+, on the other hand, agree to resolve, by binding individual arbitration, all Disputes (including any related disputes involving The Walt Disney Company or its affiliates).”
Disney further argued the following:
“Whether Piccolo actually reviewed the Disney Terms is also immaterial,” they state.
This is certainly a perplexing and sad situation. Stay tuned to ScreenGeek for any additional updates regarding this situation as we have them. It’s definitely a reminder to look a little more closely at those “Terms & Conditions” that so many subscribers or users tend to skip.