3 months ago
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Last week, Disney inspired universal outrage when its lawyers tried to get a wrongful death lawsuit against the company thrown out. The litigant, a man whose wife had died at one of Disney’s resorts last year, did not have the right to sue, attorneys argued, because, in 2019, he had signed up for a free trial of Disney+. The streaming service notably bars customers from filing litigation. After the internet thoroughly freaked out about this display of corporate psychopathy, Disney has now announced that it will allow the litigation to proceed.
Josh D’Amaro, Chairman of Disney Experiences, said in a statement: “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. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Company lawyers previously argued that Jeffrey Piccolo, whose wife died from an allergic reaction to food served at one of the company’s Florida resorts, could not sue Disney because five years earlier he had signed up for a free trial to its Disney+ streaming service. The streaming service’s terms and conditions state that all customer complaints should be mediated through forced arbitration, an alternative to litigation that is broadly viewed as beneficial to large companies.
Piccolo lost his wife, 42-year-old medical doctor Kanokporn Tangsuan, after they dined at the Raglan Road Irish Pub, a privately owned pub that is operated on the premises of the Disney Springs resort in Orlando. At the restaurant, Piccolo and Tansuan were repeatedly assured by their waiter that Tansuan’s meal could be prepared without dairy or nuts, ingredients to which Tansuan was deathly allergic. Not long after eating the meal, Tansuan went into anaphylactic shock and passed away. A medical examiner’s investigation into Tansuan’s death found that her “cause of death was as a result of anaphylaxis due to elevated levels of dairy and nut in her system,” the suit states.
Disney previously said in a statement that it was “saddened by the family’s loss” and understood “their grief.” However, the company also noted: “Given that this restaurant is neither owned 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.”
