Disney decides not to hold Disney+ subscription against plaintiff in wrongful death suit

Perhaps Disney realized making a legal precedent that it could kill Mandalorian viewers was a bit much

By Matt Schimkowitz  |  August 20, 2024 | 7:31pm
Photo by Gary Hershorn (Getty Images)
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Disney decides not to hold Disney+ subscription against plaintiff in wrongful death suit

Last week, Jeffrey Piccolo sued Disney over the death of his wife, Kanokporn Tangsuan, an NYU doctor who died as a result of a severe allergic reaction to the food served at a Disney World restaurant. Long known for their ability to accommodate different dietary needs, Disney opted not to settle the $50,000 lawsuit because Piccolo agreed to terms of service agreement on a 30-day free trial of Disney+ in 2019. The fine print bars subscribers from litigating against the company, stating that all disputes will be “resolved by individual binding arbitration.” Piccolo’s lawyers fought back, saying, quite accurately:

“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.”

Well, it’s morning in Disneyland, and the company has reversed course. In a new statement to IndieWire, the company announced it would not weaponize its streamer’s terms of service against this grieving family. Disney Experiences chairman Josh D’Amaro said in a statement:

At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.

The course correction is hardly surprising, given how ridiculous Disney’s argument was. Considering the company has been under constant criticism over the increasing price and decreasing customer experiences of its parks, perhaps the company realized making a legal precedent that it could kill Mandalorian viewers simply for signing up for their streaming service was a bit much, even for them.

 
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