Disney Seeks to Dismiss Wrongful Death Lawsuit Due to Disney Plus Agreement

Disney's Legal Battle Over Wrongful Death Lawsuit

In a significant legal development, Disney is facing a wrongful death lawsuit that centers on the tragic case of Kanokporn Tangsuan, a 42-year-old woman who died from an allergic reaction after dining at a Disney-affiliated restaurant. The incident occurred at Walt Disney World Resort’s Disney Springs area in October 2023, and the lawsuit has sparked a debate over the applicability of arbitration agreements.

Background of the Case

The lawsuit was filed by Tangsuan’s husband, Jeffrey Piccolo, who claims that the couple chose the restaurant due to its advertised commitment to accommodating individuals with food allergies. Tangsuan had severe allergies to nuts and dairy, which played a critical role in the aftermath of her dining experience.

Disney's Defense Strategy

Disney is seeking to have the lawsuit dismissed by arguing that Piccolo agreed to an arbitration clause when he purchased tickets to Epcot and again when he signed up for Disney Plus in 2019. According to Disney, these agreements include a waiver of the right to sue, which encompasses all disputes with Disney and its affiliates.

The Role of Arbitration

Arbitration is a private dispute resolution process that can be advantageous for companies. However, consumer advocates have raised concerns about the fairness of arbitration, stating that arbitrators may not be obligated to follow legal precedents, limiting the ability to appeal decisions.

Contentions and Legal Arguments

In its motion, Disney contends that Piccolo’s acceptance of the terms while signing up for Disney Plus binds his wife as well. However, Piccolo’s legal team counters this by arguing that the arbitration agreement was not made sufficiently visible and that simply creating an account does not imply consent on behalf of his wife.

Accessibility of Terms and Conditions

One of the primary issues raised by Piccolo's legal team is the accessibility of the terms of service. They state that many users typically overlook lengthy terms when signing up for services like Disney Plus, resulting in misunderstanding their legal rights. A study conducted in 2023 highlighted that 99% of users were not aware of such arbitration requirements, which further complicates the legal landscape for consumers.

The Impact of Mandatory Arbitration

This case also underscores the growing prevalence of mandatory arbitration agreements across various industries. As companies install such clauses in their terms, consumers often find themselves waiving their right to a court trial without adequate awareness. This lack of transparency can lead to confusion, especially when multiple agreements overlap, as seen in this instance with Disney.

Conclusion

The outcome of this lawsuit could set a precedent for future cases involving arbitration agreements and highlight the need for greater transparency from corporations regarding their terms of service. As legal parameters surrounding consumer rights continue to evolve, it remains crucial for individuals to understand what they are agreeing to when they prompt a digital 'I agree'.

Stay Informed

For ongoing updates on this case and other legal matters affecting consumers, make sure to follow reputable news sources and consider advocacy groups that focus on consumer rights.

References

- National Association of Consumer Advocates. - Study findings on arbitration awareness (2023).