Disney fights Thai doctor’s death lawsuit, citing husband’s agreement
Multinational conglomerate Walt Disney dismissed a lawsuit filed by the husband of a Thai doctor who died after dining at a Disney restaurant in Florida, claiming that her husband agreed to settle any disputes with Disney outside of court when he signed up for the Disney+ streaming service.
The Thai doctor, 42 year old Kanokporn Tangsuan, died following a severe allergic reaction after eating at the Raglan Road Irish Pub and Restaurant at Disney World in Florida with her husband, Jeffrey Piccolo, on October 5, 2023.
On the day of the incident, Kanokporn and her husband ordered fried vegetarian dishes and emphasised to the staff that she could only consume allergen-free food, as she was allergic to dairy products and nuts.
When each dish was served, the couple noticed that one of them did not include the allergen-free label like the others. They decided to ask the staff about the dish but the staff confirmed that it was safe for Kanokporn to eat.
Immediately after consuming the dish, Kanokporn began to choke and collapsed to the ground. She used an epinephrine autoinjector but her condition did not improve.
Her husband called 911 for emergency assistance. Unfortunately, Kanokporn died that night. The doctor later revealed that a large amount of dairy and nuts was found in her system.
Disney slammed
Kanokporn’s husband, Piccolo, decided to take legal action against Disney, accusing the company’s staff of recklessness and demanding US$50,000 in compensation.
According to an update on the case reported by the New York Post, Disney is trying to have the lawsuit dismissed, citing an agreement on the Disney+ streaming platform that Piccolo had accepted during a one-month trial in 2019.
Disney stated that Piccolo signed up for the streaming service in 2019 and agreed to the subscriber agreement, which stipulated that any dispute, except small claims, he had with the company would be resolved through individual binding arbitration.
The company added that Piccolo had also agreed to a similar agreement when he purchased tickets to the Epcot theme park in September last year.
Piccolo’s lawyers criticised Disney’s argument as fundamentally flawed and urged the court not to enforce the unfair agreement.
“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.”
The case continues, and the death of Kanokporn has drawn the attention of many who believe that restaurant staff should have proper knowledge of food allergies to ensure customer safety.
