Taking the Mickey: Disney’s bizarre defence in wrongful death litigation
Disney World is often referred to as the “happiest place on earth”. This was far from the truth for Dr Tangsuan and her family, who visited Disney World in Florida back in October 2023.
Dr Tangsuan suffered a severe allergic reaction following a meal she ate at an Ireland-themed pub located at the Disney Springs site. Dr Tangsuan sadly died in hospital later that day. Dr Tangsuan’s husband, Mr Piccolo, has filed a wrongful death lawsuit against Disney. He says that the pub did not take enough care over his wife’s severe allergies to dairy and nuts, despite being repeatedly told about them.
Disney sought to rely on a clause in the Terms and Conditions of its Disney+ streaming service, which Mr Piccolo signed up to for a brief period in 2019, to argue that the case should go to arbitration instead of Court. Section 7 of the Subscriber Agreement states that “all disputes involving The Walt Disney Company or its affiliates” are to be resolved by arbitration. This has been said to be “pushing the envelope of contract law” and cheating individuals out of the right to a fair trial.
Jersey Law stipulates that you cannot exclude or restrict liability for causing death or personal injury. Any term in a contract that attempts to do this will most likely be ruled void by the Courts. The case is a red warning to every business to manage allergies with extreme care, otherwise, it could find itself in costly litigation for causing death or personal injury.
This was always going to be a high-profile case across the world, with Disney attempting to avoid a public Court hearing (and deal with the case by way of a private arbitration instead) due to the T&Cs of its streaming subscription. This argument has simply caused Disney reputational damage and nothing more. Unsurprisingly, Disney have now withdrawn this bizarre argument. It will be interesting to see how this litigation develops.
There are lessons to be learnt from this case:
- Always read your Terms and Conditions (no matter how tedious).
- Litigate with respect to the other party and always consider the reputational risks of your actions.
- Always manage allergies with extreme care to avoid liability for personal injury, or in the worst-case scenario, death.
BCR Services:
Personal Injury – if you have suffered personal injury or clinical negligence get in touch with our specialist team. We have acted in many complex and high value claims in the Island over the last 20 years.
Business – when it comes to drafting or reviewing commercial contracts, it is vital that this is done correctly. Our business law team have a wealth of experience to assist you.