Disney Waives Arbitration in Wrongful Death Lawsuit Over Fatal Allergic Reaction

Walt Disney Co. has agreed to court proceedings for a wrongful death lawsuit in Florida, abandoning its initial arbitration stance. The case involves a fatal allergic reaction at a Disney Springs restaurant.

August 20 2024, 07:15 AM  •  7409 views

Disney Waives Arbitration in Wrongful Death Lawsuit Over Fatal Allergic Reaction

In a significant development, Walt Disney Co has decided to forgo arbitration and allow a court to adjudicate a wrongful death lawsuit filed in Florida. This decision marks a departure from the company's initial stance, which sought to resolve the matter through arbitration based on the plaintiff's prior engagement with Disney's services.

The lawsuit stems from a tragic incident that occurred on October 5, 2023, at the Raglan Road Irish Pub and Restaurant, located within the Disney Springs shopping complex in Orlando. Jeffrey Piccolo, the plaintiff, alleges that his wife, Kanokporn Tangsuan, suffered a fatal allergic reaction after consuming food at the establishment. Despite assurances from the restaurant staff regarding allergen-free options, Tangsuan experienced anaphylaxis due to elevated levels of nut and dairy in her system.

Josh D'Amaro, Chairman of Disney Experiences, stated:

"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."

Disney's response to the situation

This decision comes after Disney's initial response in April 2024, where the company argued it bore no liability as it merely served as the restaurant's landlord. However, in late May 2024, Disney introduced a new defense, citing the need for arbitration based on Piccolo's Disney+ subscription from 2019 and his use of the company's website to purchase theme park tickets in 2023.

The case highlights the complex relationship between Disney and its affiliated businesses within its vast entertainment empire. Founded in 1923 by brothers Walt and Roy Disney, the company has grown into one of the world's largest media conglomerates, operating 12 theme parks across six resorts worldwide as of 2024.

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Disney's decision to proceed with court proceedings rather than arbitration reflects a shift in approach to sensitive legal matters. This move comes at a time when the company continues to expand its global presence, having launched its streaming service Disney+ in November 2019 and completed major acquisitions such as Marvel Entertainment, Lucasfilm, and 21st Century Fox in recent years.

As the case moves forward, it will likely draw attention to food safety practices and allergen management in theme park environments. Disney's Animal Kingdom, which opened in 1998 and stands as the world's largest theme park, exemplifies the company's commitment to creating diverse experiences for visitors.

The outcome of this lawsuit could have implications for how large entertainment companies handle similar incidents in the future, potentially influencing policies and practices across the industry. As the legal proceedings unfold, the focus remains on seeking justice for the Piccolo family while addressing broader concerns about guest safety and corporate responsibility in the entertainment sector.