Jeffrey Piccolo only used Disney+ for a one month free trial (Picture: Illustration by Thiago Prudencio/SOPA Images/LightRocket via Getty Images)
A man has been told he can not sue Disney World over the death of his wife because he signed up to a free trial of Disney+.
Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife, Kanokporn Tangsuan, died in 2023.
She died from a severe allergic reaction after eating at a restaurant at a Disney Springs restaurant in Florida.
Jeffrey claimed Kanokporn ‘repeatedly’ informed staff at the theme park of her severe allergies to dairy and nuts.
Kanokporn’s death was ruled ‘as a result of anaphylaxis due to elevated levels of dairy and nut in her system’.
Disney argues its terms of use, which Mr Piccolo agreed to when creating his Disney account in 2019, means they have to settle out of court.
But Jeffrey is suing Disney for $50,000 plus legal costs.
Disney is loved by people across the world (Picture: Getty Images)
In a statement, the company said: ‘We are deeply saddened by the family’s loss and understand their grief.
‘Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant.’
This means Disney want to settle outside of court in a process called arbitration, and want the case to be halted.
It says users agree to settle any legal disputes with the company only via arbitration in its terms of use, meaning any dispute is overseen by a neutral third party and not a judge in its terms of use.
It says Jeffrey agreed to these terms of use when he signed up to a one month free trial of its streaming service, Disney+, in 2019.
He accepted these terms again when he used his Disney account to buy tickets for the theme park in 2023, Disney says.
His lawyers have hit back and called the arguments ‘preposterous’ and ‘insane’.
Lawyers believe this is ‘insane’ (Picture: TNS)
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’.
Lawyers for Jeffrey instead argue that agreed to their terms of use for himself, but he is now acting on behalf of his late wife, who never agreed to the terms.
Ernest Aduwa, partner at Stokoe Partnership Solicitors, said: ‘Disney is pushing the envelope of contract law.
‘The courts will have to consider, on balance, if the arbitration clause in a contract for a streaming service can really be applied to as serious an allegation of wrongful death through negligence at a theme park.
‘Disney’s argument that accepting their terms and conditions for one product covers all interactions with that company is novel and potentially far reaching.’
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