Disney sparks outrage after attempting to wriggle out of wrongful death lawsuit through technicality
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Disney has caused a stir after arguing that a man is blocked from suing the company over the death of his wife as he signed specific terms with a free trial of Disney+.
Jeffrey Piccolo has attempted to file a wrongful death lawsuit against Disney after his wife died of an allergic reaction after eating at a Disney Springs restaurant in Florida.
However, Disney argues that Piccolo agreed to terms when creating his Disney account in 2019 - meaning they have to settle out of court.
The company said that he agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of Disney+.
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Last October the couple ate at Ireland-themed pub, Raglan Road, which is a part of the Walt Disney World complex in Orlando, Florida.
Piccolo claims that the restaurant did not "take enough care over his wife's severe allergies to dairy and nuts".
He alleges that staff were repeatedly told about the allergies. Dr Kanokporn Tangsuan died in hospital later that day.
According to the legal filing, her death was confirmed by a medical examiner "as a result of anaphylaxis due to elevated levels of dairy and nut in her system".
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Now, Piccolo is suing Disney for a sum in excess of $50,000 plus legal costs. Disney wants the case in the courts to be halted and for the dispute to be resolved out of court, in a process called arbitration.
Arbitration means the dispute is overseen by a neutral third party who is not a judge. The process is usually quicker and cheaper than a court case. Piccolo's lawyers call Disney's arguments "preposterous" and "inane".
They say Disney's case "is based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial".
According to the legal filing, the argument that this can be extended to wrongful death or personal injury claims "borders on the surreal".
Disney's motion to take the case out of court and decided by arbitration will be heard in front of a Florida judge in October.
Jamie Cartwright, partner at law firm Charles Russell Speechlys told BBC News: "Disney understandably may want to benefit from the privacy and confidentiality that arbitration brings, rather than having a wrongful death suit heard in public with the associated publicity."
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