New York: Does signing up for Disney’s popular streaming service mean you have agreed to never sue the entertainment giant over anything forever?
That is what Disney argues in a wrongful death lawsuit involving a 42-year-old New York doctor whose family claims had a fatal allergic reaction after eating at an Irish pub in Disney Springs in October.
Jeffrey Piccolo has claimed his wife Kanokporn Tangsguan’s death was due to an allergic reaction to a dish at a Disney theme park.Credit: Facebook
Disney is asking a Florida court to dismiss a lawsuit brought against it by Jeffrey Piccolo, the husband of Kanokporn Tangsuan, a family medicine specialist with NYU Langone’s office in Carle Place, on Long Island.
The company argues Piccolo had agreed to settle any lawsuits against Disney out of court through the arbitration process when he signed up for a one-month trial of Disney+ in 2019 and acknowledged that he had reviewed the fine print.
“The Terms of Use, which were provided with the Subscriber Agreement, include a binding arbitration clause,” the company wrote in its motion. “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’.”
Disney also notes in its response that Piccolo agreed to a similar arbitration provision when he created an account on Disney’s website and app ahead of the ill-fated theme park visit.
But Piccolo’s lawyer, in a response filed earlier this month, argued that it was “absurd” to believe that the more than 150 million subscribers to Disney+ have waived all rights to sue the company and its affiliates in perpetuity – even if their case has nothing to do with the popular streaming service.
“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,” Brian Denney, Piccolo’s lawyer, wrote in the August 2 filing.
