Can A Disney+ Subscription Prevent You From Ever Suing Disney? Company Seeks To Throw Out Wrongful Death Suit Because Of Streaming Service Clause

Disney has found a streaming loophole amid a harrowing legal battle.

Kanokporn Tangsuan, a 42-year-old doctor at NYU Langone Hospital, died from an allergic reaction after eating at Raglan Road Irish Pub, located in Disney Springs in October 2023, per NPR. According to the outlet, Disney claims that Tangsuan’s husband Jeffrey Piccolo’s wrongful death lawsuit, which he filed in February, should be canned due to the following language put forth in his month-long Disney+ trial that he subscribed to in 2019:

“… any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration.”

As noted by CNN, Disney argues that Piccolo agreed to similar terms when purchasing tickets to Epcot Center for their October trip on the parks’ website.

According to ClickOrlando, Tangsuan, who informed the server that she was severely allergic to dairy and nuts, ordered the following dishes off the menu:

Sure I’m Frittered (a broccoli and corn fritter with a sweetcorn puree and fire roasted pepper relish), Scallop Forest (Foleys all natural Georges Bank sea scallops in a golden batter served with citrus lime dipping sauce and sweet chili jam), This Shepard Went Vegan (Faro barley, carrots, wild mushrooms, green onion, peas and rutabaga topped with olive oil mashed potato with a burnt onion gravy), and onion rings.

Per the lawsuit (via NPR), after checking with their server “several more times” about her allergens, “some of the items did not have allergen free flags in them” when they arrived at their table. The couple “questioned the waiter who, once again, guaranteed the food being delivered to [Tangsuan] was allergen free.”

Approximately 45 minutes after dining out, Tangsuan “began having severe difficulty breathing and collapsed to the floor,” NPR reports. She administered her own Epi-Pen and was brought to the hospital, where she ultimately passed away.

Piccolo is pursuing over $50,000 in damages. His lawyer fired back at Disney’s claims earlier this month, arguing that this is “preposterous” and “fatally flawed for numerous independent reasons,” per NPR.

According to The Hollywood Reporter, Disney issued a statement on Wednesday (Aug. 14), in which they wrote that they are “deeply saddened by the family’s loss and understand their grief.”

“We are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant,” they added.

Per THR, a hearing is set to take place on Oct. 2 in Orlando, which marks almost a year since Tangsuan’s death.