Disney has backpedaled its stance in a wrongful death suit filed by a widower whose wife died after eating at a restaurant in Disney World, now saying it’ll waive arbitration that it argued the man agreed to when signing up for Disney+.
Disney had previously argued that the case filed by Jeffrey J. Piccolo in February should be dismissed and resolved by individual arbitration, because of terms Piccolo agreed to when he signing up for a free trial of the Disney+ streaming service and when he purchased park tickets.
Disney said in a statement shared with NBC News on Tuesday that, given the sensitivity of the case, “we’ve decided to waive our right to arbitration and have the matter proceed in court.”
“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 have experienced such a painful loss,” Josh D’Amaro, Chairman of Disney Experiences, said.
Piccolo’s wife, Dr. Kanokporn Tangsuan, died after she ate food containing allergens at Raglan Road Irish Pub and Restaurant located in Disney World on Oct. 5. The restaurant isn’t owned or operated by Disney, but is a tenant at the Disney Springs area of the amusement park in Orlando, Florida.
The complaint said the family asked several times whether Tangsuan’s allergies could be accommodated and they were assured they would be. However, Tangshan suffered a severe allergic reaction and died at a local hospital, the complaint said.
Tangshan died of anaphylaxis and had elevated levels of nut and dairy in her system, according to the medical examiner’s autopsy report cited in the complaint. Her death was ruled an accident.
Piccolo filed the lawsuit against the restaurant, as well as Disney, seeking damages in excess of $50,000 under the Florida Wrongful Death Act.
Attorneys for Disney had argued in May that Piccolo agreed to Disney’s “Terms of Use” when he signed up for Disney+ and again when he purchased Walt Disney Parks tickets. Under those terms, any dispute between a person and Disney, save for small claims, “is subject to a class action waiver and must be resolved by individual binding arbitration.”
Piccolo’s lawyers said in a response in early August that Disney’s argument for dismissal was “preposterous,” and asked the court not to enforce arbitration.
NBC News has reached out to Piccolo’s lawyer for comment on the latest Disney statement.
Arbitration agreements are quite common in company terms of use agreements across multiple industries.
“Tucking arbitration agreements into click-through agreements is such a common practice, that in just the last week, most folks reading this probably signed such agreements without knowing it,” NBC News legal analyst Danny Cevallos said.
Arbitration agreements “almost always favor large corporations, to the detriment of injured plaintiffs who are trying to sue them. That’s why they are so popular with companies,” he said.
“The law expresses a preference for enforcing arbitration agreements, as long as they are not fraudulent,” Cevallos said. “Often people don’t remember or care that they click-signed an arbitration agreement at the time they sign up for some service. But, as long as the person was clearly notified at the time that they were signing one of these agreements, they will be enforceable.”
