Disney seeks to dismiss wrongful death suit because of Disney+ agreement
JACKSON, Tenn. — Following a death at one amusement park, one lawyer shares insight on how this case may move forward.
Jeffrey Piccolo is suing Disney after the death of his wife. Kanokporn Tangsuan died of an allergic reaction after the two ate at Raglan Road restaurant within Disney’s Springs Park.
“It’s ultimately her case, so it’s the husband filing a wrongful death suit on behalf of her estate. So, what they’re saying is she was the one to purchase the subscription. And she was the one to purchase the park ticket. He’s just the legal representative who’s bringing the case on behalf of the wife,” said Russell Morgan, legal expert.
Morgan says that due to Piccolo’s wife signing up for their Disney+ subscription she unknowingly agreed to having a case such as this one sent to arbitration.
“Deciding how much wrongful death is worth–if someone’s life is worth after death, is now–isn’t decided by a jury of 6 or a jury of 12 of your peers, it’s now a handful of lawyers in most cases, 2 or 3 arbitrators, that are making a legally binding decision that you can’t appeal–that you can not take to a higher court,” said Morgan.
Morgan believes cases like wrongful death do not belong in arbitration court. Arbitration usually covers contracts, bargaining cases, and community disputes.
“To have the case transferred to arbitration is being done by Disney to minimize bad press and limit potential damages. How this can have a broader impact on how companies in general are using legal tactics like this to protect their images and to protect their finances,” said Morgan.
Morgan says that users of platforms of Disney+ and other apps need to be sure of what they’re are signing when it comes to the terms and conditions.
“Focus on the important parts. Focus on the parts about what happens if something goes wrong, just read that part before you sign off. Most apps nowadays it’s not just ‘hit the box and move on’ you actually have to scroll through the whole thing,” said Morgan.
We have reached out to Disney on two different email accounts and have not heard back from them regarding this matter.
Disney and Piccolo will both present their arguments on Wednesday, October 2.
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