Have You Signed Your Rights Away? If You Use Disney+ Streaming, You May Have

If you live in Hernando County, or virtually anywhere else for that matter, you’ve likely considered a trip to the Orlando area to visit one of the Disney attractions. But did you ever dream that you may have already signed some of your rights away if something goes wrong? That’s Disney’s claim in a recent wrongful death lawsuit filed against the company.

In a case that’s raising eyebrows, Walt Disney Parks and Resorts U.S., Inc. is leaning on an unexpected defense in a wrongful death lawsuit—arguing that a subscription to Disney+ might mean you’ve agreed never to take Disney to court, even if a tragedy occurs at their
parks.

The lawsuit, filed in Florida’s 9th Judicial District (Orange County) in February 2024, centers on the tragic death of Dr. Kanokporn Tangsuan, who allegedly suffered a fatal allergic reaction after dining at Raglan Road Irish Pub and Restaurant in Disney Springs, a popular destination for both tourists and locals. The suit was brought by her husband, Jeffrey J. Piccolo, who claims that Disney and Raglan Road failed in their duty to protect his wife despite knowing about her severe allergies to dairy and nuts.

According to the complaint, Dr. Tangsuan and her family dined at Raglan Road on October 5, 2023, trusting that Disney’s emphasis on food safety would ensure her meal was safe. The family says they informed the restaurant staff multiple times about her allergies, and the staff assured them that her meal would be free of any allergens. However, after dining, Dr. Tangsuan experienced a severe allergic reaction while shopping at Disney Springs and later died despite using an epi-pen. The medical examiner confirmed that dairy and nuts were present in her system.

The lawsuit accuses both Raglan Road and Disney of negligence, arguing that they failed to adhere to necessary safety protocols, resulting in Dr. Tangsuan’s death. Piccolo’s complaint highlights the assurances from Disney’s website and Raglan Road’s staff about their commitment to accommodating guests with food allergies—assurances that Piccolo and his wife relied
on.

But in a surprising legal twist, Disney’s response to the lawsuit doesn’t just address the negligence claims. Instead, the company is pushing for the case to be moved to arbitration, citing a clause Piccolo allegedly agreed to when he signed up for Disney+ in 2019. Disney’s legal team argues that by clicking “Agree & Continue” when subscribing to Disney+, Piccolo accepted the Terms of Use, which include a binding arbitration agreement. This agreement, Disney claims, applies to all disputes related to Disney services, including dining at a restaurant in Disney Springs.

Disney’s motion to compel arbitration and stay the lawsuit emphasizes that the arbitration clause covers disputes involving Disney or its affiliates, arguing that this case should be resolved privately, outside of the public court system. According to Disney, Piccolo’s acceptance of the Disney+ terms means he agreed to settle any Disney-related disputes through arbitration rather than through a lawsuit.

This case serves as a reminder of the importance of understanding the fine print in any agreement—especially when it comes to something as seemingly unrelated as a streaming service subscription. The lawsuit has already sparked conversations about corporate responsibility and the extent to which companies like Disney should be held accountable for incidents that occur on their properties.

Piccolo’s attorney has already responded to Disney, asserting that their defense is invalid on multiple legal grounds. However, as the court has not yet ruled on the issue, the outcome remains to be
seen.

As the case progresses, the key question will be whether the court sides with Disney’s argument, shifting the legal battle to arbitration or whether Piccolo can pursue his claims in a public trial. The outcome could have broader implications for how similar cases are handled in the future, particularly for families who frequently engage with Disney’s various services.