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===EULA wrongful-death case (''2023'')=== | ===EULA wrongful-death case (''2023'')=== | ||
In a wrongful-death lawsuit, Jeffrey Piccolo sued Walt Disney Parks & Resorts and Great Irish Pubs Florida, Inc. after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction at Raglan Road Irish Pub in Disney Springs on 5 October 2023. The lawsuit accused the restaurant and Disney of negligence in accommodating her food allergy, which contributed to her death<ref>{{Cite web |last=Piccolo |first=Jeffrey J. |date=2024-08-02 |title=AUGUST 2ND RESPONSE |url=https://consumerrights.wiki/images/9/9d/AUGUST_2ND_RESPONSE.pdf}}</ref><ref>{{Cite web |last=Treisman |first=Rachel |date=14 Aug 2024 |title=Disney backtracks on request to toss wrongful death suit over Disney+ agreement |url=https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |url-status=live |archive-url=https://web.archive.org/web/20240821192924/https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |archive-date=21 Aug 2024 |access-date=13 Jul 2025 |website=NPR}}</ref> | In a wrongful-death lawsuit, Jeffrey Piccolo sued Walt Disney Parks & Resorts and Great Irish Pubs Florida, Inc. after his wife, Dr. Kanokporn Tangsuan, died from a severe allergic reaction at Raglan Road Irish Pub in Disney Springs on 5 October 2023. The lawsuit accused the restaurant and Disney of negligence in accommodating her food allergy, which contributed to her death.<ref>{{Cite web |last=Piccolo |first=Jeffrey J. |date=2024-08-02 |title=AUGUST 2ND RESPONSE |url=https://consumerrights.wiki/images/9/9d/AUGUST_2ND_RESPONSE.pdf |url-status=live |archive-url=http://web.archive.org/web/20250820191622/https://consumerrights.wiki/images/9/9d/AUGUST_2ND_RESPONSE.pdf |archive-date=20 Aug 2025}}</ref><ref>{{Cite web |last=Treisman |first=Rachel |date=14 Aug 2024 |title=Disney backtracks on request to toss wrongful death suit over Disney+ agreement |url=https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |url-status=live |archive-url=https://web.archive.org/web/20240821192924/https://www.npr.org/2024/08/14/nx-s1-5074830/disney-wrongful-death-lawsuit-disney |archive-date=21 Aug 2024 |access-date=13 Jul 2025 |website=NPR}}</ref> | ||
In May 2024, Disney attempted to have the case dismissed from court and sent to [[ | In May 2024, Disney attempted to have the case dismissed from court and sent to [[forced arbitration]], citing two separate [[End-user license agreement|user agreements]]: | ||
# The [[Disney+]] user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his [[wikipedia:PlayStation|PlayStation]] | #The [[Disney+]] user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his [[wikipedia:PlayStation|PlayStation]] | ||
# Terms accepted when purchasing (ultimately unused) Epcot tickets through the My Disney Experience app in September 2023 | #Terms accepted when purchasing (ultimately unused) Epcot tickets through the My Disney Experience app in September 2023 | ||
This is an example of an [[EULA roofie]], where Disney attempted to use terms buried within a streaming-service agreement to deny a consumer's right to sue over an unrelated wrongful-death case at a restaurant. Disney argued that because Tangsuan had clicked "Agree & Continue" when signing up for the Disney+ streaming service, she was bound by an arbitration clause for any legal claims against the company or its affiliates. This, they argued, included the food served by a restaurant on their premises that killed her even though the issue was unrelated to the streaming service. | This is an example of an [[EULA roofie]], where Disney attempted to use terms buried within a streaming-service agreement to deny a consumer's right to sue over an unrelated wrongful-death case at a restaurant. Disney argued that because Tangsuan had clicked "Agree & Continue" when signing up for the Disney+ streaming service, she was bound by an arbitration clause for any legal claims against the company or its affiliates. This, they argued, included the food served by a restaurant on their premises that killed her even though the issue was unrelated to the streaming service. | ||