The tragic case of Jeffrey Piccolo’s wrongful death lawsuit against Disney has captured widespread attention. The lawsuit stems from the death of Piccolo’s wife, Dr. Kanokporn Tangsuan, who died from an allergic reaction after dining at a restaurant within Disney World’s resort complex. Initially, Disney sought to sidestep a court trial by insisting that Piccolo’s agreement to Disney+ terms in 2019 and to park ticket terms in 2023 required the dispute to be resolved through arbitration. However, in a surprising twist, Disney has decided to drop this claim and allow the case to proceed in court. This decision marks a notable shift in Disney’s legal strategy and raises questions about the implications for both the company and the Piccolo family.
Facts We Know About Disney Wrongful Death Lawsuit
Disney has recently altered its position in the wrongful death lawsuit filed by Jeffrey Piccolo, which asserts that his wife, Dr. Kanokporn Tangsuan, died from an allergic reaction at a Disney resort restaurant. Initially, Disney contended that the matter should be resolved through arbitration, citing terms agreed upon during a Disney+ free trial in 2019 and park ticket purchases in 2023.
However, Disney’s Chair of Disney Experiences, Josh D’Amaro, has now announced that the company will no longer pursue arbitration and will permit the case to proceed in court. D’Amaro emphasized the need for a sensitive approach to expedite the resolution for the grieving family.
Disney’s original defense argued that the Disney+ terms of use extended to all disputes, including those involving Disney affiliates such as Walt Disney Parks and Resorts. Disney’s apparent selective approach on which cases to pursue enforcement of its claimed entitlement to arbitrate personal injury and wrongful death matters leaves open the possibility of Disney seeking to infringe on injury victims’ rights to a jury trial in future cases.
Piccolo’s lawsuit claims that despite repeated assurances from restaurant staff about allergen safety, Tangsuan experienced anaphylaxis due to allergens. The lawsuit seeks damages exceeding $50,000, alleging negligence on the part of the restaurant staff. A court hearing is scheduled for October 2, 2024, to further address the case.
What is an Arbitration Agreement?
Arbitration agreements are increasingly common in the world of legal disputes. But what exactly do they entail? Simply put, arbitration is a method of resolving disputes outside of traditional court proceedings. Instead of a judge and jury, a neutral arbitrator or panel reviews the facts and arguments from both parties and makes a decision. This decision may be binding or nonbinding, depending on the agreement.
In Florida, arbitration can be either binding or nonbinding. Binding arbitration means that the decision is final and enforceable, whereas nonbinding arbitration serves more as a recommendation. The Florida Supreme Court has established rules for arbitration, and the Chief Judge of the 12th Judicial Circuit oversees applications for court-appointed arbitrators, ensuring they meet relevant standards and procedures. To be included on this list, arbitrators must complete an application process demonstrating their qualifications.
What Consumers Need to Know About Terms of Use and Arbitration
When it comes to terms of use and arbitration clauses, consumers should be aware of several areas. Most agreements for online services, software products, or consumer goods now include clauses that limit class action lawsuits or mandate arbitration for disputes. Often, these terms are buried in lengthy and complex contracts that many users may gloss over. Consumers are encouraged to be vigilant when agreeing to terms, as consumers are often waiving legal rights, including the right to sue in court.
Disney drops bid to have allergy-death lawsuit tossed because plaintiff signed up for Disney+ https://t.co/lwxkUDZpNk
— The Associated Press (@AP) August 20, 2024
“The failure to read or understand the terms in such an agreement does not make those terms unenforceable. In order to know their rights and what they are signing away, consumers should read the terms before signing a contract or using a product or service,” said Josh Wintle, partner at Panter, Panter & Sampedro
For a more detailed discussion on arbitration agreements and their implications, including insights that are applicable beyond medical malpractice, you can view an insightful video by Brett Panter here.
Florida Wrongful Death Attorneys
When dealing with wrongful death cases in Florida, having a dedicated and experienced attorney on your side is essential. At Panter, Panter & Sampedro, our team of Florida wrongful death attorneys is committed to providing compassionate and effective legal representation for families who have lost loved ones due to negligence. We understand the complexities of wrongful death lawsuits and are here to guide you through every step of the legal process.
If you are facing a wrongful death case or need legal advice, do not hesitate to reach out to our experienced team. You can learn more about our services and how we can assist you by visiting our Wrongful Death Attorneys Miami page, or call us today at 305-662-6178 for a FREE CONSULTATION to get started.
Sources:
https://www.youtube.com/watch?v=9UIvXCLAv-Y
