UPDATE 8/19/24: Disney has waived their right to arbitration according to a statement issued Monday night. The full statement is below.
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 [has] experienced such a painful loss. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.
Josh D’Amaro, Chairman Disney Experiences
h/t: Scott Gustin
You may remember a story we previously reported on where Kanokporn Tangsuan sadly passed away in October 2023, after having a severe allergic reaction caused by food she ate at Raglan Road Irish Pub, a Disney Springs restaurant. The woman spoke with the waiter prior to placing her order, explaining her nut and dairy allergy, and was assured that the dishes could be made allergen-free.
When the food was brought to the table, there were allergen-free flags on some of the plates, but not all. According to the lawsuit, the waiter allegedly ensured that the food was safe and free of allergens, so Tangsuan went ahead and ate her meal. Not long after leaving the restaurant, Tangsuan went into severe anaphylaxis and was taken to a nearby hospital, where she later died.
In February 2023, Jeffrey Piccolo, Tangsuan’s widower, filed a wrongful death lawsuit against Disney Parks and Resorts. Disney has requested that the suit be thrown out, stating that Piccolo agreed to settle any disputes with them and any of its affiliates out of court when he signed up for a free trial of its streaming service Disney+ in 2019 and when he bought Walt Disney World theme park tickets on the Disney website in 2023. Disney’s legal counsel says the case should be referred to an outside arbitrator.
The forced arbitration provisions are listed in the terms and conditions and apply to all disputes involving The Walt Disney Company or its affiliates. Think about how often we blindly click “I agree” without reading the fine print when signing up for a service or buying tickets online.
Disney issued the following statement regarding the ongoing matter.
We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.
Walt Disney Parks and Resorts
