At some point in your life you’ve probably had to tick a box agreeing to numerous terms & conditions online. The type that contain hundreds (if not thousands) of lines of rules, guidelines and niche terms of use. It could be whilst creating a social media account (Follow us at @LFBBSolicitors), downloading some new software or signing up for a streaming service. I’d be confident saying that you don’t read the online T&Cs before agreeing them – and who can blame you? We all want to get to the fun stuff, or at least move past the spiels of boring stuff! However a recent lawsuit filed by Jeffrey Piccolo against Disney may give you pause for thought.
On the 5th of October 2023 Mr. Piccolo and his wife Dr. Kanokporn Tangsuan were dining at the Raglan Road Irish Pub at Disney Springs, Florida. Tangsuan suffered with allergies to nut and dairy, a fact she made staff aware of many times. Jeffrey and Kanokporn frequently enquired if the dishes ordered would be suitable and moreover safe for her to consume. They were reassured that, “yes”, they would be. Shortly after dining Mr. Piccolo returned to their hotel room and Dr. Kanokporn went shopping. Just under an hour after having eaten, Tangsuan went into anaphylactic shock, suffering a severe allergic reaction to increased levels of nut and dairy in her system. She administered an epi-pen and was taken to hospital where she tragically passed away.
Mr. Piccolo has filed a wrongful death lawsuit is attempting to sue Disney for the sum of $50,000, which is frankly pennies (or cents!) to the house of mouse, especially considering they made a profit of $29.697 Billion in 2023. Disney’s position in response is that due to the terms & conditions Mr. Piccolo agreed to when he signed up for a free month’s trial of Disney+ back in 2019, this lawsuit must be dealt with outside of court via arbitration, rather than in court and in front of a judge. Similarly, in the process of booking the tickets to go on the very trip that ended up killing his wife, he also agreed to these T&Cs. Disney have also argued that he (Mr. Piccolo) is the one who agreed to these conditions, and not his wife. They have also stated that the Raglan Road Irish Pub is in fact an independently owned business simply operating on Disney’s grounds.
Despite the entertainment juggernaut making things difficult for Mr. Piccolo, he hasn’t backed down and is continuing with the lawsuit. A member of Piccolo’s legal team stated, “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.” They have also stated that the case “is based on the incredible argument that any person who signs up for an account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial”.
Disney is doing a lot to not have to pay up. You may feel this is petty of them in the face of how much money they have and also the fact that a woman died after eating at their premises. However I think it’s less to do with the $50,000 and more to do with making a point. They’re aware that paying up on this would pave the way for numerous other lawsuits. They’re essentially trying to keep the lid on a very large, very expensive can of worms.