The Disney World in Florida.
Credit: iStock Photo
An entertainment resort complex in Florida, Disney World has asserted that it cannot be sued if a person agrees to its terms and conditions for a free trial its TV services.
According to a report by Mint, Jeffrey Piccolo, a 42-year-old doctor from New York had filed a lawsuit against Disney after his wife passed away in 2023 followed by a severe allergic reaction.
Piccolo accused a Disney World Florida restaurant of not taking sufficient precautions about his wife's dairy and but allergies, despite telling the staff several times.
According to a report by The Telegraph, Piccolo’s wife Dr Kanokporn Tangsuan, died in a hospital hours after their meal at the Raglan Road Irish Pub on October 5, 2023.
About 45 minutes of having their meal, Tangsuan suffered a severe allergic reaction and collapsed, while she was shopping along with her mother-in-law.
According to The Telegraph, a medical examiner said that her death was a result of anaphylaxis due to elevated levels of dairy and nut in her body.
The company on the other hand has been denying that Piccolo will have to agree settling the matter through arbitration process as he has agreed to do that when he signed up for a month trial of Disney+.
According to Mint, the company in their motion wrote, "The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause. The first page of the Subscriber Agreement states, in all capital letters, that 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."
Meanwhile Piccolo's lawyer has dubbed Disney's contention as 'absurd', 'preposterous' and 'inane'.
According to the publication's report, the lawyer wrote, "The notion that terms agreed to by a consumer when creating a Disney free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement."
According to a report by The Mirror, Disney's lawyers have said, "When you create a Disney+ or ESPN+ account, you also agree to the Walt Disney Company’s Terms of Use, which govern your use of other Disney Services. The services include sites, software, applications, content, product and services, which include the parks and resorts website."