ORLANDO, Fla. — As Disney seeks to force a wrongful death lawsuit into arbitration using language in its Disney+ user agreement, legal experts are sharing a reminder to read the fine print when signing up for streaming service or apps.


What You Need To Know

  • Disney is seeking to force a wrongful death lawsuit into arbitration using language in its Disney+ user agreement

  • A Central Florida legal expert says people might want to look such agreements before agreeing to the terms

  • Kanokporn Tangsuan, a doctor from New York, died in 2023 after dining with her husband and mother-in-law at a restaurant located on Disney Springs property

  • According to court documents, Disney wants to move the lawsuit to arbitration because the plaintiff signed up for Disney+ in 2019

One Orlando trial lawyer says people should be aware of what’s in legal agreements when they sign up for services around the country

The issue has come to the forefront after Disney pushed back against a wrongful death lawsuit.

Kanokporn Tangsuan, a doctor from New York, died after dining with her husband and mother-in-law at a restaurant located on Disney Spring property.

According to court documents, Disney wants to move the lawsuit to arbitration because the plaintiff signed up for Disney+ and the agreement states that is how disagreements with the entertainment company have to be settled.

The suit was filed by Tangshan’s husband, Jeffrey Piccolo, against Disney after his wife died on Oct. 5, 2023.

Piccolo alleges that the Ragland Road Irish pub at Disney Springs did not take enough care over his wife’s severe allergies to dairy and nuts, despite being repeatedly told about them.

Orlando trial attorney Jonathan Rose said he’s not surprised that Disney is citing a streaming service agreement, and said that kind of move is just part of the legal process.

“The Disney staff and Disney lawyers say, ‘Oh there’s an arbitration clause,' and there is some language in there that they think pertain to this lawsuit," Rose said. "They are going to use that to use that as a defense, because if they don’t use it, they waive it. That is to say, they give it up."

According to court documents, the company also argues the plaintiff, who is the woman’s husband, signed up for a one-month trial of the streaming service back in 2019. 

Disney’s lawyers claim the terms and conditions of the service say any dispute must be settled out of court through arbitration.

Rose says most people have no idea what they are signing when it comes to these types of services.

“The consumer that is signing this is agreeing to resolve all disputes with any part of the Walt Disney Family companies through binding arbitration,” said Rose.

The trial lawyer said there are reasons large companies prefer to go to arbitration rather than a lawsuit, which includes avoiding publicity and expensive of a public trial.

“It’s much more advantageous from a corporate client’s perspective that they are much less likely to occur a great deal of cost,” said Rose.

While Rose said he understands why Disney would make the argument using the Disney+ user agreement, he doesn't expect it to hold up in court.

"Do I think in reality this is going to be effective in defending this type of claim? I do not,” he said.