As a long-time Disney enthusiast who has spent countless hours immersed in their magical world, I find myself deeply saddened and outraged by the recent developments involving the tragic death of Dr. Kanokporn Tangsuan at one of Disney’s resorts. The fact that Disney is attempting to use a seemingly buried clause in its subscriber agreements to deny justice to this grieving husband is not only shockingly heartless but also downright preposterous.
If you’ve subscribed to Disney+, it’s important to be aware that this might prevent you from having a jury trial if you ever decide to take legal action against Disney. This is based on claims made by the company following a wrongful death lawsuit filed after the death of NYU doctor Kanokporn Tangsuan at a Disney Springs resort in October 2023. Tangsuan passed away due to an allergic reaction to food she ate at the resort, and her widower, Jeffrey Piccolo, is seeking $50,000 as compensation for the wrong that occurred.
According to The New York Post, Disney argues that since Piccolo subscribed to its streaming service through Playstation in 2019 and also used their app, My Disney Experience, to purchase resort tickets in September 2023 (a month before his wife’s passing), both instances should be resolved through individual arbitration as per the agreed terms. Piccolo’s legal team has labeled Disney’s claims as “extremely unreasonable” in a court filing made on August 2.
“It’s unjustifiably extreme and unfair for consumers to lose their right to a jury trial in any dispute with a Disney affiliate or subsidiary simply by agreeing to terms during a Disney+ free trial account creation. Such a clause is so shockingly unreasonable that it goes against the principles of fairness, and this court should not uphold such an agreement.”
Piccolo is seeking damages upwards of $50,000 for funeral expenses, loss of income, and mental pain and suffering. Tangsuan, 42, died following an allergic reaction after eating at the Raglan Road Irish Pub and Restaurant on October 5, 2023, collapsing shortly after her meal. The lawsuit claims that she repeatedly told the waitstaff that she had an allergy to nuts and dairy products after ordering scallops, onion rings, broccoli, and corn fritters. Despite self-administering an EpiPen, she later died at the hospital from “anaphylaxis due to elevated levels of dairy and nuts in her system.”
Disney Is Hiding Shady Terms in Its Subscriber Agreements
Disney argues that because Piccolo signed up for a free trial of Disney+ several years ago and continued to use their services, he agreed to settle any disputes through arbitration instead of going to court. This includes disagreements arising from unfortunate events such as the death of a loved one. Currently, Disney is attempting to dismiss the wrongful death lawsuit before it proceeds to trial by a judge.
The suit brings to light not only what’s in Disney’s terms of service, but other streaming services as well. Most times, users just skip over all that legal jargon before signing up for something, not knowing what’s in it. Apparently, Disney expects everyone to go over its agreements with a fine-tooth comb so that when something tragic like this happens, we can all take the appropriate action – which does not entitle us to a trial in front of a jury of our peers. It’s preposterous, to say the least. With Netflix opening up physical stores in 2025, does that mean if a shelf falls on someone’s head due to shoddy construction, Netflix can’t be held liable because of a streaming subscription?
Without a doubt, we find Disney’s assertions rather exaggerated, and believe Piccolo should continue with his lawsuit. Given that Disney has hiked up its streaming prices due to questionable reasons and managed to earn a staggering gross profit of $31 billion last year, it seems reasonable to assume they could spare the relatively small sum of $50,000.
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2024-08-14 20:01