Florida, United States

Disney claims that the man who subscribed to Disney+ can't sue them for the wrongful death of his wife as he agreed to the terms and conditions when he signed up for his account several years ago.

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Jeffrey Piccolo filed a lawsuit against Disney Parks and Resorts in February after his wife, Kanokporn Tangsuan, died the previous year. He has claimed she had an allergic reaction after she consumed food at a restaurant in Disney Springs at the Walt Disney World Resort in Florida, United States. 

In his complaint, Piccolo said that his wife and mother went to dine at the Raglan Road Irish Pub and Restaurant at the resort in Orlando on October 5, last year. While ordering food, she asked the staff several times if the food contained any ingredients, to which she was allergic. 

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Tangsuan was extremely allergic to dairy and nuts. Even though the staff member assured the food would be "allergen-free", she suffered a severe allergic reaction which claimed her life the next day.

The autopsy revealed that her death was caused by anaphylaxis due to high levels of nuts and dairy in her body which led to an acute reaction.

In his lawsuit, Piccolo demanded damages over $50,000 and argued that it was a case of negligence by the waiter.

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However, Disney argued that the case should be dismissed and settled outside the court as Piccolo had subscribed for a one-month trial of Disney+ in 2019 and 2023, in which he agreed to the company's terms. The terms state that any disputes between the users and the company should be settled outside of court via arbitration.

“When you create a Disney+ or ESPN+ account, you also agree to the Walt Disney Company's Terms of Use, which govern your use of other Disney Services. The services include sites, software, applications, content, products and services, which include the Disney Parks and Resorts website," it said.

Disney argued that the terms include "all disputes" including the Walt Disney Parks and Resorts, against which the lawsuit has been filed.

(With inputs from agencies)