Wife died at Walt Disney facility: He cannot sue the company because he has a Disney+ subscription

Walt Disney, one of the largest companies in the entertainment industry, has requested that a lawsuit filed by the husband of a person who died as a result of a food allergy at one of the company's facilities be dismissed due to a clause in the “Disney+ membership” agreement.

In a petition submitted to the court, Disney argued that Jeffrey Piccolo, the husband of Kanokporn Tangsuan, who died from an allergic reaction at a company facility, cannot sue the company due to the membership agreement he accepted on the website in 2019.

The company argued that, according to the membership agreement, Piccolo must resolve any dispute with the company through an out-of-court arbitration process and mediators, noting that there is a binding arbitration clause in the Disney+ subscriber agreement's terms of use.

The company's petition pointed out that the membership terms of use include the clause: “Any dispute between the individual and the company, excluding small claims, is subject to a class action waiver and must be resolved through individual binding arbitration.”

'ABSURD AND UNFAIR'

The petition also noted that the restaurant where Tangsuan lost her life was not owned by the company and was operated by a third party within the facility.

On the other hand, Piccolo's attorney, Brian Denney, said it was “absurd” to believe that more than 150 million Disney+ subscribers had waived their rights to sue the company.

Denney argued that it would be “absurd and unfair” for the terms a person accepts when creating a Disney+ account to permanently block their right to a trial in any dispute with the company, and that the court should not accept such a request.

Kanokporn Tangsuan, who had allergies to nuts and dairy products, suffered an allergic reaction after eating a meal at a restaurant in a Disney complex.

In Piccolo's lawsuit file, it was stated that his wife had reviewed the ingredients of the dishes on the website before ordering at the restaurant and had informed the waiter of her allergies when placing her order.

News Source: 12punto