- A doctor died from a severe allergic reaction after eating at Disney Springs in Florida last year.
- Her widower sued, but Disney said he couldn't take it to court under the T&Cs of a Disney+ free trial.
- Disney has now reversed course and says it waived its right to arbitration due to the "unique circumstances."
Disney told a man whose wife died from an allergic reaction after eating at its Florida theme park that he couldn't take it to court under the terms of his Disney+ free trial and would have to go through arbitration instead. The entertainment giant has now reversed course and said the widower can proceed with the trial.
Kanokporn Tangsuan, a 42-year-old doctor in New York, died in October 2023 from anaphylaxis after eating at a restaurant at Disney Springs at Walt Disney World in Orlando, according to the lawsuit.
Tangsuan, who had a severe dairy and nut allergy, ordered a vegetable fritter, battered scallops, vegan shepherd's pie, and onion rings at the Raglan Road Irish Pub and Restaurant. She was repeatedly reassured by the waiter that they would be allergen-free, the lawsuit says.
Jeffrey Piccolo, her husband, filed a lawsuit against Disney and Great Irish Pubs Florida, which operates the restaurant, in February.
Disney: Piccolo agreed to a binding arbitration clause in his Disney+ subscription
In April, Disney asked the court to dismiss the complaint, saying that it didn't control the restaurant and that the couple had "failed to take all reasonable measures and precautions necessary" to avoid the "damages alleged."
Disney said in later filings that when Piccolo created a Disney account for a Disney+ free trial in 2019, he had agreed to its Subscriber Agreement, which includes a binding arbitration clause that applies to "all disputes."
This includes "any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates," the terms say.
Piccolo agreed to the terms again when he logged into his Disney account to book tickets for Walt Disney World's Epcot park, Disney said.
Disney said in the lawsuit that Piccolo ticked a box saying that he agreed to the terms in both cases. "Whether Piccolo actually reviewed the Disney Terms is also immaterial," the company's lawyers wrote.
Piccolo's lawyers called Disney's argument "preposterous" in a filing in early August. According to Disney's defense, when Piccolo "signed himself up for a free trial of Disney+ back in 2019 or bought Epcot tickets in 2023, he somehow bound the non-existent Estate of Kanokporn Tangsuan (his wife, who was alive at both times) to an arbitration agreement buried within certain terms and conditions," Piccolo's lawyers wrote.
Disney's defense was "based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial enjoyed by them and any future Estate to which they are associated, and will instead have agreed (on behalf of other survivors and the estate itself) to arbitrate any and all disputes against any and all Disney entities and affiliates, no matter how far removed from use of the Disney+ streaming service, including personal injury and wrongful death claims," Piccolo's lawyers wrote.
"As can be seen from the prior sentence, this argument borders on the surreal," they added.
Disney has since reversed course, saying that it has waived its right to arbitration.
"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," Josh D'Amaro, the chairman of Disney Experiences, told CNN.
"As such, we've decided to waive our right to arbitration and have the matter proceed in court."
Neither Disney nor Piccolo's legal representatives immediately responded to requests for comment from Business Insider, made outside regular US working hours.