Disney’s Clause and Effect: Arbitration in the Magic Kingdom

By: Emily Thompson, Esq.

Jeffrey Piccolo has filed a wrongful death lawsuit against Disney World (“Disney”) following the tragic 2023 death of his wife, Dr. Kanokporn Tangsuan. Dr. Tangsuan suffered a severe and fatal allergic reaction after dining at a restaurant within the Orlando, Florida theme park. Mr. Piccolo alleges that the restaurant failed to take adequate precautions regarding Dr. Tangsuan’s known allergies to dairy and nuts, despite being repeatedly informed of the severity of these risks. Dr. Tangsuan passed away shortly after being admitted to the hospital, with the medical examiner confirming her death “as a result of anaphylaxis due to elevated levels of dairy and nuts in her system.”

In response, Disney asserts that Mr. Piccolo is barred from suing over his wife’s death due to the terms he agreed to when creating his Disney+ account in 2019. According to subsection 8 of the Disney+ Terms of Use, “[y]ou and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates) except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.” Thus, Disney argues that this dispute must be resolved through arbitration, citing the terms Mr. Piccolo agreed to when he signed up for a one-month free trial of the streaming service. Additionally, Disney asserts that Mr. Piccolo reaffirmed his acceptance of these terms when he used his Disney accounts to purchase theme park tickets in 2023, which also contained a similar arbitration clause.

Mr. Piccolo’s legal counsel responded that the company is essentially claiming that anyone who signs up for a Disney+ account, even for a short-lived free trial, irrevocably waives their right to a jury trial. Furthermore, counsel argues that Mr. Piccolo agreed to the Disney terms of use for himself, while his current actions are on behalf of his deceased wife, who never consented to those terms.

Disney seeks a very broad reading of its arbitration clause in an effort to compel arbitration. The motion to compel arbitration is set for hearing by a Florida judge in October.