The Disney+ wrongful death lawsuit is still potentially in the works as a man aims to sue the platform over his wife’s death. The company tries to counter the matter by mentioning the terms he signed up for the streaming’s free trial.
Jeffrey J. Piccolo filed a wrongful death lawsuit against Disney World after his wife, Dr. Kanokporn Tangsuan died from an allergic reaction while eating at one of their restaurants. Piccolo alleges that the restaurant failed to address her severe allergies to dairy and nuts, even though she repeatedly informed them about these allergies.
The Disney+ wrongful death lawsuit, which names the restaurant and Disney Parks and Resorts as defendants, seeks $50,000 in damages.
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However, the company stated that due to the free trial’s terms and agreement, they would have to settle it out of court. According to the terms of use: “When using Disney+ and/or purchasing theme park tickets from the Walt Disney website, signees are agreeing to waive their rights to any potential class-action lawsuits or jury trials.”However, the company stated that due to the free trial’s terms and agreement, they would have to settle it out of court. They have also released further statements regarding the Disney death allegation.
Disney expressed deep sadness over the family’s loss and sympathy for their grief. The company stated that since the restaurant is not owned or operated by Disney, it is only defending itself against the plaintiff’s attempt to involve it in the lawsuit.
Disney stated that its position does not impact the plaintiff’s wrongful death or other claims against the restaurant.
According to Piccolo’s representatives, the argument against the Disney+ wrongful death lawsuit are, in their own words, “preposterous” and “inane.”
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The Disney+ Subscriber Agreement does not require Mr. Piccolo to arbitrate claims about his wife’s injuries at a Disney-owned restaurant. These injuries ultimately led to her death, the attorneys said.
David Horton, a law professor shared his thoughts about the matter. He stated that the ‘free trial agreement’ was also a deliberate corporate strategy. It aimed to cut costs and remove bad PR.
“In a wrongful death case like this, the plaintiff usually wants a jury trial,” said Lawyer Ross Intelisano. “So it’s not surprising that Disney would do whatever they can to try to get out of court.”
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