Disney Argues Disney+ Subscription Means “No Lawsuits, Just Magic!” in Lawsuit Over Allergy Tragedy

Photo of Disney Springs Shopping area
Photo: Disney Parks

ORLANDO, FL — Imagine subscribing to Disney+ to catch up on The Mandalorian, and suddenly finding out that you’re also signing away your right to sue Disney—even if something terrible happens at one of their parks. That’s exactly what Walt Disney Parks and Resorts U.S., Inc. is arguing in response to a lawsuit that claims their negligence led to a tragic death at Disney Springs.

The lawsuit was filed in February by Jeffrey J. Piccolo, who tragically lost his wife, Dr.Kanokporn Tangsuan, after she allegedly had a fatal allergic reaction to food served at Raglan Road Irish Pub and Restaurant, a popular spot in Disney Springs. The suit seeks an unspecified amout in damages “Over $50,001”. According to the lawsuit, Dr. Tangsuan, a doctor from New York, was extremely allergic to dairy and nuts. On October 5, 2023, she and her family chose to dine at Raglan Road, confident that Disney would have everything under control when it came to food safety. After all, Disney’s website assured them that allergen-free dining was a top priority.

Raglan Road irsh Pub, Disney Springs
Raglan Road Irish Pub, Disney Springs Photo: Trip Advisor/Sharie Rice

But the night took a horrifying turn when, despite multiple reassurances from the restaurant staff that her meal was safe, Dr. Tangsuan started experiencing a severe allergic reaction. Although she quickly used her epi-pen, the reaction was too severe, and she collapsed while shopping in Disney Springs. Dr. Tangsuan was rushed to the hospital, where she was later pronounced dead. The medical examiner confirmed that her death was due to anaphylaxis, triggered by dairy and nuts in her system.

Now, this is where the story gets even more surreal. In response to the lawsuit, Disney isn’t just denying responsibility—they’re saying that Piccolo can’t even sue them in the first place. Why? Because, according to Disney, Piccolo agreed to binding arbitration when he created a Disney+ streaming account back in 2019.

Yes, you read that right. Disney is arguing that by signing up for Disney+, you’re also agreeing that if anything goes wrong at their parks, you can’t take them to court. Instead, you have to settle things behind closed doors through arbitration. Disney’s legal team points to the fine print in the Disney+ Subscriber Agreement and Terms of Use, which Piccolo agreed to when he signed up for the streaming service. According to Disney, this agreement covers all disputes related to Disney services, which apparently includes dining at Raglan Road in Disney Springs.

Disney's Defense - "You can't sue us".
Disney’s Defense – “You can’t sue us, your Disney Streaming Agreement says so.”.

Disney’s lawyers have filed a motion to compel arbitration and put the lawsuit on hold, essentially telling the court, “Sorry, folks, you can’t sue us—this is an arbitration situation!” They argue that since Piccolo checked that little “Agree & Continue” box, he and his wife were bound to settle any Disney-related disputes through arbitration, no matter what happened.

The lawsuit itself makes some serious allegations against both Raglan Road and Disney. Piccolo’s complaint claims that the restaurant staff failed to properly handle his wife’s food allergies, despite being informed of them multiple times. It also accuses Disney of negligence, arguing that as the owner of Disney Springs, Disney should be held accountable for what happens on their property, especially since they market themselves as a safe and allergy-friendly destination.

But instead of diving into the nitty-gritty details of food safety protocols, Disney’s legal strategy seems to be focused on that one small checkbox Piccolo clicked when he signed up for Disney+. They’re betting that this tiny detail will keep them out of a public courtroom and push the whole matter into private arbitration.

Ragland Road in Disney Springs Allergen Warning on Website.
Allergen Warning on Ragland Road’s Website. Photo: Ragland Road Website

So, what’s next? If the court sides with Disney and grants the motion to compel arbitration, the lawsuit will move behind closed doors, far away from the public eye and media scrutiny. On the other hand, if the court rejects Disney’s argument, we could be in for a high-profile trial that might shine a spotlight on how Disney handles food safety and the expectations they set for their guests.

This case is more than just a legal battle—it’s a real-life reminder to always read the fine print, especially when it comes to something as seemingly innocent as subscribing to your favorite streaming service. Because, as Piccolo and his late wife have unfortunately discovered, sometimes that fine print can come with some pretty unexpected strings attached.

You can read the court documents on the Orange County Court Clerk’s website

Stay tuned as we follow this case, and remember, the magic might come with a few surprises—even in the legal department.

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