UPDATED 8/20, 7:44 a.m. ET: In a new statement, Disney Experiences Chairman Josh D’Amaro said that a decision has been made "to waive our right to arbitration" in the widely headlined case.
"At Disney, we strive to put humanity above all other considerations," D’Amaro said in a statement shared with Complex. "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."
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A lawsuit filed over the death of a woman alleged to have suffered an allergic reaction at a restaurant in Florida’s Disney Springs last year has resulted in a response from Disney in which its widely used streaming service is cited. More specifically, a key section of the Disney+ Terms of Use agreement has been highlighted, with the company arguing that it includes a "binding arbitration clause." Naturally, some have taken this news story as an opportunity to bring up a South Park episode circa 2011.
To be clear, the restaurant at the center of the incident, named in an Associated Press report as Raglan Road, is not owned by Disney but is part of the larger variety of options offered to visitors to the Walt Disney Company-owned Disney Springs entertainment complex in Lake Buena Vista. Per the AP’s Philip Marcelo, pulling from court docs, the suit stems from the husband of Kanokporn Tangsuan, 42, who allegedly suffered a deadly allergic reaction last October after eating at the restaurant.
The suit claims the restaurant was listed at the time as having food free of allergens, with a waiter further alleged to have told Tangsuan, who was allergic to dairy and nuts, that their selections fell under that dietary requirement. As of this writing, a message on the restaurant’s official site states, in part, "Kindly note that we are NOT a gluten/allergen-free restaurant."
Tangsuan’s family states that the subsequent death was caused by an allergic reaction from “elevated levels” of dairy and nut.
The suit is reported to see the family seeking over $50,000. In a recent motion, Disney responded by pointing to the Terms of Use agreed upon when becoming a Disney+ subscriber and signing up for other Disney-related accounts. Tangsuan’s husband Jeffrey Piccolo, per the report, had signed up for a trial for the streaming platform back in 2019.
"The first page of the Subscriber Agreement states, in all capital letters, that 'any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration,'" Disney said in a motion, per AP.
Piccolo’s lawyer responded, calling this argument "outrageously unreasonable." The lawyer in question, Brian Denney, is asking the court to "not enforce" these terms.
Complex has also reached out to Denney's office for further comment. This story may be updated.
When reached for comment by Complex on Thursday, a Disney spokesperson said the company was "deeply saddened" by the death.
"We are deeply saddened by the family’s loss and understand their grief," the spokesperson said. "Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant."
In recent days, coverage of the suit has been somewhat inescapable, thanks in no small part to an ongoing wave of social media reactions. South Park, specifically, has become a frequent mention amid the larger conversation. X users were quick to connect the coverage to the show’s "HUMANCENTiPAD," which originally aired back in April 2011. As the title should make clear, the kickoff to Season 15 of Trey Parker and Matt Stone’s long-running animated comedy saw Kyle being forced to endure a prickly Human Centipede predicament after not reading an iTunes agreement.
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