Walt Disney World in Florida is supposed to be the most magical place on earth.
But for one family it turned into something out of a horror movie.
And Disney waived the white flag of surrender after this scheme blew up in their face.
Disney tries to get out of wrongful death lawsuit with terms of service for Disney+ streaming
A trip to Walt Disney World resort in Orlando, Florida resulted in tragedy for Jeffrey Piccolo and his wife Kanokporn Tangsuan.
They went to get something to eat at the Raglan Road Irish Pub and Restaurant, located at the Disney Springs shopping/entertainment area.
Tangsuan had severe dairy and peanut allergies which she reportedly communicated to the staff of the restaurant.
The staff assured her that they could accommodate her request.
Just 45 minutes after the couple ate their meal, Tangsuan collapsed while shopping after she had a severe allergic reaction.
An EpiPen was used on her, but she was transported to a local hospital where she tragically passed away.
Piccolo filed a wrongful death lawsuit against Disney and Raglan Road alleging among other things negligence by the staff in handling the food allergy.
But Disney tried to get out of going to trial in the case with a shocking tactic.
The company claimed that because Piccolo had signed for a free trial of the Disney+ streaming service in 2019, he was bound by its terms of services that required all disputes with Disney to be resolved through arbitration.
Piccolo’s attorneys called this claim “preposterous” and “outrageous.”
“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 attorneys stated.
Backlash poured in after Disney tried to use an absurd technicality to get out a trial.
Disney gives up trying to use terms of service stunt
The outrage against Disney for this audacious stunt became too much and the company caved.
Disney is letting Piccolo’s case move forward with a trial in Florida.
“At Disney, we strive to put humanity above all other considerations. 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,” Disney Experiences chairman Josh D’Amaro stated.
“As such, we’ve decided to waive our right to arbitration and have the matter proceed in court,” D’Amaro added.
Trial lawyer Joseph Sellers told Reuters that Disney most likely concluded that trying to use the Disney+ terms of service would not hold up legally.
“It would be more embarrassing for the company to litigate that issue and then lose, as opposed to just walking away from the arbitration agreement,” Sellers explained.
Piccolo is seeking $50,000 under Florida’s Wrongful Death Act as well as damages.
Disney’s shamelessness knows no limits after trying to pull this stunt.
DeSantis Daily will keep you up-to-date on any new developments in this ongoing story.
