Even in the happiest place on Earth, fatalities can occur. Reports state that 64 people have died at Disney World over the years. Many of these cases involve suicides and natural causes, so Disney would not be held liable.
However, you would think Disney would be held liable in a case involving a death caused by food allergies. The company is fighting the case, using the service terms of an app as a defense. If you are a Disney+ subscriber, you will be surprised at the dirty way Disney is fighting.
Disney is bringing its Disney+ and My Disney Experience App service terms as ammunition into the court case. Because the victim’s husband was a Disney+ subscriber and had Walt Disney World tickets linked in his My Disney Experience App, he allegedly has to abide by the fine print in the apps, which means agreeing to arbitration for any dispute.
It is a move that might surprise the millions of people who subscribe to watch their favorite Disney movies or make a reservation at the theme park using the app.
The suit stems from a woman whose family says she died from her severe food allergies on her Disney World vacation. The woman’s widower, Jeffrey Piccolo, was a Disney+ subscriber in 2019 and had Walt Disney World tickets linked in his My Disney Experience App for his wife’s fatal trip last year.
The man’s wife, a 42-year-old doctor from New Jersey, died on October 5 from anaphylaxis after she suffered a fatal allergic reaction from eating food from Raglan Road Pub and Irish Restaurant, a popular Disney Springs Irish pub. The woman had warned the restaurant of her food allergies, and the waiter had assured her that the food was allergen-free. The woman ordered vegan Shepherd’s pie, broccoli, corn fritters, scallops, and onion rings. When the food arrived, some of the items did not have allergen-free flags in them. The couple questioned the waiter once again, and he said that the food was free of allergens.
However, shortly after the meal, the woman went into anaphylactic shock and could not breathe. She collapsed while at Planet Hollywood. She gave herself an EpiPen shot, but it did not work. She was taken to a hospital, where she later died. Her death has been ruled an accident.
Her widow filed the lawsuit against Disney and Raglan in February. In it, he stated that they had alerted the restaurant about her extreme allergies to dairy and nuts several times and checked in advance to confirm which menu items had allergens in them.
Disney’s attorneys filed a lawsuit on May 31, asking for the lawsuit to be paused, stating that it must go through arbitration. The attorneys claim that litigation would only generate needless expenses and waste judicial resources. The victim’s husband, however, wants a jury trial.
He had signed up for a Disney+ subscription for a trial period in 2019. The trial has since expired. The man’s lawyers are in the process of preparing a response to the motion and plan to fight it vigorously.
Will this strategy for fighting the lawsuit work? It is hard to tell, as nothing like this has happened before and would certainly set a precedent. Most Disney fans looking to watch movies on Disney+ would have no idea that the app’s terms of service would be applied to a situation in theme parks like this. It is shocking to think that signing up for a streaming service would affect your rights in a restaurant in Orlando.
Disney filed the Disney+ contract in the ongoing wrongful death lawsuit court file. According to the contract, a Disney+ subscriber cannot “have a dispute heard as a class action or private attorney general action. … No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.”
According to court documents, the victim’s husband is suing Disney and Raglan Road for more than $50,000. The lawsuit states that Disney and Raglan advertised they handled special accommodations for people with food allergies, which is why the couple decided to eat at the Irish eatery. They believed there were enough safeguards in place to keep the woman safe.
Raglan Road is not owned or operated by Disney. The restaurant was not part of Disney’s motion invoking Disney+ and the app.
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Disney is not fighting fair in this case. Signing up for a trial of Disney+ should not be able to preclude a person from filing a lawsuit.
If your loved one has suffered wrongful death, you need an attorney experienced in wrongful death lawsuits who can guide you through this difficult time. Brill & Rinaldi, The Law Firm, can help you receive compensation for your damages. Schedule a free consultation by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.