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

In a significant shift, Disney has altered its legal strategy concerning a wrongful-death lawsuit stemming from a fatal allergic reaction at its Florida property. The entertainment giant has decided to forgo its initial push for arbitration, allowing the case to move forward in court.

The lawsuit revolves around a tragic incident that occurred on October 5, 2023, at Raglan Road Irish Pub in Disney Springs, a dining and shopping complex within the Walt Disney World resort. Kanokporn Tangsuan, who had severe allergies to dairy and nuts, suffered a fatal allergic reaction after dining at the establishment. Her husband, Jeffrey Piccolo, subsequently filed a lawsuit against Disney.

Initially, Disney's legal team argued that Piccolo had waived his right to a public trial by agreeing to the company's terms of service when registering for a Disney Plus streaming service trial. This controversial approach drew national attention and criticism.

"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 reversal comes nearly 10 months after the incident, demonstrating Disney's recognition of the case's sensitive nature. The decision aligns with Disney's long-standing reputation for accommodating guests with food allergies and special dietary needs, a practice that has been part of the company's guest service approach for years.

Food allergies are a significant concern, affecting an estimated 32 million Americans, including 5.6 million children under age 18. The most common food allergens include milk, eggs, peanuts, tree nuts, fish, shellfish, soy, and wheat. Anaphylaxis, a severe allergic reaction that can occur within minutes of exposure to an allergen, can be life-threatening if not treated promptly.

Brian R. Denney, Piccolo's attorney, expressed hope that this case will raise awareness about food allergies and potentially save lives. He emphasized the importance of protecting the right to a jury trial, which is enshrined in the Seventh Amendment to the U.S. Constitution.

The use of arbitration clauses in consumer contracts has been a subject of legal debate since their increased adoption in the 1980s. While often preferred by corporations for their privacy and efficiency, critics argue that they can limit consumers' legal rights.

As the case moves forward, it will likely draw attention to food safety practices in the hospitality industry and the legal implications of online terms of service agreements. The next steps in the legal proceedings remain to be seen, as the court's website does not currently list a scheduled hearing date.

This case serves as a reminder of the critical importance of proper food allergy management, especially in popular tourist destinations like Walt Disney World, which spans nearly 27,258 acres and attracts millions of visitors annually.