Disney doesn't want to be held responsible for a death during a Disney+ trial.

A tragic incident at Walt Disney World Resort has sparked a legal battle between a grieving husband and the company. Jeffrey Piccolo is suing Walt Disney Parks and Resorts for the wrongful death of his wife, Kanokporn Tangsuan, who died after suffering a severe allergic reaction during a visit to the resort in 2023.

However, Disney is now attempting to have the case dismissed and sent to arbitration, citing a clause in their terms of service. It turns out that Piccolo had signed up for a one-month trial of their streaming service, Disney+, in 2019. As a trial user, he had agreed to resolve any disputes with the company through arbitration.

But Piccolo's lawyer, Brian Denney, has strongly opposed this argument, calling it "preposterous" and "outrageously unreasonable and unfair". He points out that Piccolo's use of the Walt Disney Parks website to purchase tickets for Epcot Center should not shield the company from a lawsuit over his wife's death. Denney also highlights the fact that Disney is trying to prevent all 150 million of its Disney+ subscribers from ever having a jury trial against the company, even if their case has nothing to do with the streaming service.

In the midst of this legal battle, Piccolo is seeking damages for the loss of his wife, as well as compensation for the emotional and financial toll it has taken on him. The exact amount being sought is in excess of $76,000, in accordance with Florida's Wrongful Death Act.

Disney has yet to respond to requests for comment on the matter. However, the details of the incident that led to Tangsuan's death are outlined in the lawsuit. It states that the couple had dined at Raglan Road Irish Pub in Disney Springs, believing that the restaurant would be able to accommodate Tangsuan's severe food allergies. Despite being assured by their waiter that the food was allergen-free, Tangsuan suffered a fatal reaction after consuming dairy and nuts in her meal.

The lawsuit also mentions that Tangsuan had taken precautions by carrying an Epi-Pen with her, but it was not enough to save her life. She passed away from anaphylaxis, a severe allergic reaction, and the cause was determined by a medical examiner's investigation.

This tragic incident raises questions about the safety measures in place at Walt Disney World Resort and the responsibility of the company in ensuring the well-being of their guests. The outcome of this legal battle will surely have an impact on how companies handle allergies and other potential health risks in the future.

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