Disney drops its controversial Disney+ subscription based defense 🐭

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Disney has finally abandoned its attempt to push a wrongful death lawsuit into private arbitration. This decision follows growing criticism after the company initially cited a Disney+ subscription as a defense.

A Tragic Death at Disney World and Disney’s Controversial Defense 🤬

The case involves the death of 42-year-old Kanokporn Tangsuan, who passed away in October 2023 due to a severe allergic reaction at a Disney World restaurant. Her husband, Jeffrey Piccolo, filed a lawsuit against Disney, alleging that the restaurant failed to take the necessary precautions to manage his wife’s allergies.

Disney sought to avoid a public trial by invoking an arbitration clause included in the Disney+ terms of service. According to the company, Jeffrey Piccolo had agreed to these terms when he signed up for a free trial in 2019, thereby waiving his right to sue in court. This defense was widely criticized, with Piccolo’s lawyers calling it « absurd » and « ridiculous. » They argued that nothing justified extending this clause to his wife or linking it to the incident at the park.

Disney’s Change of Position ↩️

Despite its attempts to argue that Piccolo had agreed to settle any disputes through arbitration, first via Disney+ and later when purchasing park tickets, Disney ultimately decided to allow the case to be heard in court.

Josh D’Amaro, president of Disney Experiences, stated in a press release that, given the unique circumstances of the case, Disney had decided to waive its right to arbitration. He emphasized that the company wishes to allow for a more sensitive resolution of the matter, recognizing the family’s grief.

This reversal could mark a turning point in how large corporations, like Disney, use arbitration clauses to shield themselves from litigation. The hearing to determine whether Disney can be held liable for Kanokporn Tangsuan’s death is scheduled for next October.

Terms of Service: A Hidden Trap for Users ⚠️

The case highlights a broader issue related to the terms of service on digital platforms. Many companies, including Disney, include mandatory arbitration clauses in their terms and conditions. These clauses are often buried in long, complex documents that most users never read.

These terms of service have become a central part of the legal strategies of large companies, allowing them to limit their liability and avoid public trials. Unfortunately, most consumers are unaware that by agreeing to these terms, they are often waiving their right to sue the company in court.

This phenomenon was popularized by the TV series South Park in the episode titled « HumancentiPad. » In this episode, the characters discover, to their horror, that they have agreed to abusive terms of service by distractedly clicking « I agree » without reading them. Although satirical, the episode sheds light on the troubling reality faced by consumers in today’s digital world.

Have You Ever Subscribed to Disney+? What Do You Think of This Case? Join the Discussion in the Comments.