Disney Reverses Course in Wrongful-Death Lawsuit Over Fatal Allergy Incident

In a significant shift, Disney has altered its legal approach to a wrongful-death lawsuit stemming from a fatal allergic reaction at its Florida property. The entertainment giant has decided to waive its right to arbitration, allowing the case to proceed in court.

The lawsuit centers on a tragic incident that occurred on October 5, 2023, at Raglan Road Irish Pub in Disney Springs, a dining and shopping complex within Walt Disney World Resort. Kanokporn Tangsuan, who had severe allergies to dairy and nuts, suffered a fatal allergic reaction after dining at the restaurant.

Initially, Disney's legal team had argued that Jeffrey Piccolo, Tangsuan's husband, had forfeited his right to a public trial by agreeing to the company's online terms of service when registering for a streaming platform. This controversial strategy drew national attention and criticism.

However, in a statement released on August 19, 2024, Disney Experiences Chairman Josh D'Amaro announced a change in the company's approach:

"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."

This decision comes amidst growing scrutiny of arbitration clauses in consumer contracts. While the Federal Arbitration Act of 1925 established a national policy favoring arbitration, critics argue that such clauses can limit consumers' rights and ability to seek justice in court.

The incident highlights the critical importance of food allergy awareness and accommodation in the hospitality industry. Food allergies affect an estimated 32 million Americans, including 5.6 million children under age 18. Disney has long been known for its efforts to accommodate guests with food allergies and special dietary needs, making this case particularly notable.

According to the lawsuit, the couple chose Raglan Road Irish Pub based on Disney's online map, which indicated that the restaurant accommodated people with allergies. Despite assurances from the waiter, Tangsuan collapsed about 45 minutes after dining and later died at a hospital. The medical examiner determined the cause of death to be anaphylaxis due to elevated levels of dairy and nut in her system.

The case raises questions about the potential liability of Disney due to the information provided on its online map. As the legal proceedings move forward, it may set important precedents for how companies handle food allergy information and accommodation in their digital and physical spaces.

As of August 20, 2024, lawyers for Jeffrey Piccolo have not responded to requests for comment on Disney's decision to waive arbitration. The next steps in the legal process remain to be seen, but the case will now proceed in a public court setting, allowing for greater transparency and scrutiny of the circumstances surrounding this tragic incident.