Disney Case Going to Court Over Wrongful Death Caused by Allergic Reaction

Disney is teaching us all an important lesson on reading the fine print of every single document we ever autograph — including when we sign up for streaming services — and especially before we dine out. 

On October 5, Dr. Kanokporn Tangsuan died following an allergic reaction after dining at Raglan Road Irish Pub, an independent restaurant that operates inside Disney Springs. According to reports, she repeatedly told her waiter she had a severe nut and dairy allergy and, in return, was assured her meal was allergen-free. However, less than an hour after her meal, Tangsuan had a severe reaction and died at a nearby hospital. Following her death, her husband, Jeffrey Piccolo, filed a wrongful death suit against the entertainment giant. 

However, Disney claimed the lawsuit must be put through arbitration instead of going to court because Piccolo had signed up for the Disney+ streaming service several years ago, clicking “agree” to the terms and conditions.

As NPR reported, the clause states, “Any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.” The lawyers representing Disney said Piccolo agreed to similar terms when he purchased park tickets in 2023, noting whether or not he read the terms in full as “immaterial.”

“Piccolo ignores that he previously created a Disney account and agreed to arbitrate ‘all disputes’ against ‘The Walt Disney Company or its affiliates’ arising ‘in contract, tort, warranty, statute, regulation, or other legal or equitable basis,'” the motion from Disney read. 

For his part, Piccolo called Disney’s argument “preposterous.”

“There is simply no reading of the Disney+ Subscriber Agreement which would support the notion that Mr. Piccolo agreed to arbitrate claims arising from injuries sustained by his wife at a restaurant located on premises owned by a Disney theme park or resort, which ultimately led to her death,” Piccolo’s team wrote in their filing, NPR reported.

Following extreme public backlash, on Tuesday, Disney announced it agreed to rescind its request to dismiss the lawsuit, with Josh D’Amaro, the chairperson of Disney’s theme park division, noting it will waive its arbitration rights and allow the suit to go to court, according to the Associated Press. 

“At Disney, we strive to put humanity above all other considerations,” D’Amaro said in a statement. “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.”

CNN noted, Piccolo is seeking damages in excess of $50,000. Now, it appears he’ll also have his day in court. 

As for how park guests can further protect themselves if they live with a severe allergy, Disney’s website explains guests should contact “Special.Diets@DisneyWorld.com in advance if you or anyone in your party has either four or more allergy-friendly requests, requires pureed meals, or adheres to a medically-restrictive diet (such as very low protein).” It added that guests should contact the team after booking dining arrangements and within 14 days of their arrival. “The Special Diets team will assist you in navigating the dining process, which may include providing the restaurants you intend to visit with your information and requests in advance of your visit.” See more about making allergy-friendly requests at the park and its restaurants here.