In February, Jeffrey Piccolo filed a wrongful death lawsuit against Disney seeking $50,000 in damages. He and his wife of five years, Dr. Kanokporn Tangsuan, had been vacationing at Disney World in October 2023 when Dr. Tangsuan tragically died of anaphylaxis after eating at a restaurant at Disney Springs. According to the lawsuit, Dr. Tangsuan had clearly outlined her severe nut and dairy allergies and was assured by the wait staff that her meal would not be contaminated. Now Disney has fired back with a legal argument that could only be imagineered by the House of Mouse: Disney is actually claiming that they are absolved of all liability because Jeffrey Piccolo agreed to the Disney+ terms of service, and used his Disney+ account to purchase the tickets for last year’s fatal trip. Apparently, buried within the terms we all click to agree to without reading (what, that’s only me?), is a clause stating that “all disputes with The Walt Disney Company or its affiliates be settled out of court via arbitration.” You’re a cunning fox, Mr. Mouse.

As a widower takes Disney to court over his wife’s death at Walt Disney World and Resorts, the company is using its Disney+ streaming terms to attempt blocking the lawsuit.

In a recent filing, Disney’s attorneys requested Jeffrey Piccolo’s $50,000 case be dismissed and settled out of court after claiming his wife, Dr. Kanokporn Tangsuan, died of an allergic reaction at the Florida resort’s Raglan Road Irish Pub in October 2023.

They argued that by signing up for a free 30-day trial of Disney+ in 2019, and again when purchasing the theme park tickets in 2023 through his Disney+ account, Piccolo agreed to the streamer’s terms of service, which includes that “all disputes” with “The Walt Disney Company or its affiliates” be settled out of court via arbitration.

“We are deeply saddened by the family’s loss and understand their grief.” Disney’s attorneys said in a statement shared by The Guardian. “Given that his restaurant is neither owner nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.”

Piccolo’s attorneys said that argument “bordered on the surreal” in a response, adding, “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 tot shock the judicial conscience, and this Court should not enforce such an agreement.

“In effect, Walt Disney Parks and Resorts is explicitly seeking to bar its 150 million Disney+ subscribers from ever prosecuting a wrongful death case against it in front of a jury even if the case facts have nothing to do with Disney+.”

[From Deadline]

While I acknowledge that it’s legally on us as consumers to read what we’re agreeing to when we sign terms of service, it’s pretty darn sinister of Disney to slip in a clause that, “Oh, by the way, you can never hold us accountable for anything. Now be our guest!” Just for some perspective, even Ursula the Sea Witch made sure Ariel was clearly aware of the fact that she had to sign away her voice as part of their deal! So good work, Disney, you’ve out-villained your own villains. But even putting all that aside, it seems to me there are holes in this counter-move by Disney. Why rebut with a reference to the terms for their streaming subscription, if they’re also harping on the fact that the restaurant is independently-owned, hmm? It rather seems they’re showing their white-gloved hand there. And for anyone planning their Disney World trip online, they could easily get confused as to Raglan Road Irish Pub’s ownership.

I can’t tell how this will shake out, as Disney’s legal operations in Florida can be… let’s say mysterious. But it is wrongful that Dr. Tangsuan, a medical professional, died from anaphylaxis at age 42 after double and triple-checking ingredients with the restaurant, and even self-administering an Epi-pen when her symptoms flared up.

Photos via Instagram and credit: David Guerrero on Pexels