Disney has waived a controversial arbitration right in its streaming service that it claimed applies to its death-related lawsuits.
The controversy began when a woman’s husband filed a lawsuit against Disney over the death of his wife after she ate food at a restaurant at the Walt Disney World Resort in Orlando, Florida.
According to media outlets, on Oct. 5, 2023, 42-year-old Kanokporn Tangsuan, an Asian American doctor at New York University, went to Raglan Road, an Irish pub and restaurant in Disney Springs, a dining area at the Walt Disney World Resort with her husband, Jeffrey Piccolo.
The couple was visiting Disney World on vacation, but Tangsuan died of an allergy shortly after eating food at the restaurant.
According to her husband, Tangsuan was always aware of her allergy symptoms. At the restaurant that day, she ordered scallops, fried onions, broccoli, and corn fritters after repeatedly telling the waiter that she was allergic to nuts and dairy.
About 45 minutes after eating, Tangsuan collapsed from breathing difficulties while shopping. She suffered anaphylactic shock, a condition in which the body is hypersensitive to certain substances, including nuts and dairy.
Her husband Piccolo filed a lawsuit against the restaurant and Disney for more than $50,000 in damages.
The issue arose when Disney claimed that Piccolo had signed up for a one-month free trial of Disney+ in 2019, agreeing to arbitrate all disputes with the company. Disney countered that the clause applied to all disputes involving the Walt Disney Company and its affiliates. Disney also asked for the case to be dismissed on that basis.
Piccolo’s lawyers countered that it is “preposterous” to ask over 150 million Disney+ subscribers to give up their right to sue over something unrelated to the streaming service. The news sparked a flurry of criticism across social media.
The backlash eventually led to a statement from Josh D’Amaro, chairman of Disney Parks. “At Disney, we put humanity above all other considerations. In the unique circumstances of this case, this situation warrants a sensitive approach to expedite a resolution for families who have experienced a painful loss.” The company said on August 20 that it was withdrawing its request to dismiss the lawsuit.
BY HYOUNGJAE KIM, HOONSIK WOO [kim.ian@koreadaily.com]
