Disney cited Disney+ subscription terms in dismissing wrongful death lawsuit

Disney tried to dodge a wrongful death lawsuit for up to $50,000 by claiming in court that the plaintiff had pledged not to sue it when they subscribed to a one-month trial of Disney+ in 2019.

Jeffrey Piccolo claims his wife, Kanokporn Tangsuan, died of a deadly allergic reaction after eating at a pub in Disney Springs. The 42-year-old doctor and her family members reportedly reminded the waiter of her allergy. The latter also claim that they chose the restaurant, Raglan Road, because the Disney site claimed it had allergen-free food.

"The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause," reads the motion filed by the company and shared by Forbes. They further remarked that the clause is "in all capital letters" and that whether Piccolo read it or not is secondary, as he would have signed it.

Arbitration is a mechanism to resolve disputes without going to court, in which a neutral party, called an arbitrator, reviews the evidence and reaches a decision.

In addition, Disney's lawyers claim that Piccolo signed similar clauses when he created an account on the company's website and app.

Brian Denney, Piccolo's lawyer, countered that the argument is absurd. That the more than 150 million subscribers to the video service cannot have simply given up forever on suing the company or its affiliates for all sorts of activities, even those unrelated to Disney+.

According to the lawsuit, the coroner's inquest determined that Tangsuan died from "anaphylaxis due to elevated levels of dairy and nut in her system."

Disney points at the restaurant

"We are deeply saddened by the family’s loss and understand their grief," a company spokesman said in words picked up by CNN. He added, then, that "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."

The establishment, an Irish pub at the Disney Springs attraction in Orlando, Florida, is reportedly operated by a third party, to whom the mouse company reportedly leased the space.

A hearing will be held on October 2 to address Disney's motion to dismiss.