Disney Backtracks on Wrongful Death Case After Public Backlash

As a consumer who has faced similar challenges with companies trying to hide behind fine print, I wholeheartedly applaud Jeffrey Piccolo’s courage and determination to fight for justice. It’s disheartening to see corporations using arbitration clauses to shield themselves from accountability, especially in cases that involve the well-being of individuals.

Jeffrey Piccolo, who lost his wife after she ate at an allergy-friendly restaurant promoted by Disney in Florida, will be permitted to bring his lawsuit against the company to court. Previously, Walt Disney Parks and Resorts had attempted to push Piccolo into arbitration, stating that because of fine print on some of his purchases, he was not allowed to take legal action against Disney or any of its affiliates. However, despite citing numerous transactions as their defense, it was the news-making claim that Piccolo couldn’t sue due to accepting the terms of service for a free trial of Disney+ years ago that drew attention.

Piccolo brought a lawsuit stating that his wife, Dr. Kanokporn Tangsuan, experienced an allergic reaction which resulted in her death after visiting Raglan Road Irish Pub, located within Disney World’s premises, in October 2023. Although Disney doesn’t operate the pub itself, the map provided by Disney had reportedly marked it as allergy-friendly.

Speaking as a devoted fan, I’d rephrase it like this: “At Disney, we prioritize humanity above everything else, especially in challenging situations like this one. To show sensitivity towards the family who has suffered such an unbearable loss, I, Josh D’Amaro, the chairman of Disney Experiences, have made a decision. We are choosing to forgo arbitration and instead, let this matter be resolved in court.”

Consumer advocacy group Public Citizen expressed their joy on social media platforms over Disney’s change of heart. They stated, “It’s our duty as a society to apply public pressure on large corporations,” sharing this sentiment on Threads.

Piccolo emphasized that they had informed their server about Piccolo’s assistant, Dr. Tangsuan, having a severe allergy to dairy and nuts. However, following her death, traces of these substances were discovered at elevated levels in her body, suggesting she may have been exposed despite the precautions taken. Unfortunately, even using an EpiPen to manage the allergic reaction proved insufficient to save Dr. Tangsuan’s life.

Companies often include forced arbitration clauses in their contracts, terms of service, or end-user agreements to limit their liability in lawsuits. These clauses are particularly prevalent in big corporations, especially those where a lawsuit could cost millions and potentially harm their reputation if it becomes public. For instance, Piccolo, like many others, might have agreed to such a clause when buying his Disney World tickets, even though he didn’t end up using them due to Dr. Tangsuan’s unfortunate passing beforehand. However, legal experts question whether Disney could win their case based on the merits of the argument, as Piccolo’s lawyer Brian Denney has deemed Disney’s stance as “so unreasonable and unfair that it would astonish any impartial judge.”

h/t CNN

2024-08-20 22:43

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