Orlando, FL — The fine print of Disney+ streaming service agreements may hinder a wrongful death lawsuit against Walt Disney Parks and Resorts, according to recent reports. The case involves a tragic incident in which Kanokporn Tangsuan, a physician from New York with severe food allergies, died at a Disney Springs restaurant last October. A fatal allergic reaction could easily be considered an act of negligence; even if the allergic reaction isn’t fatal, the victim may suffer serious physical harm. After losing a loved one due to an avoidable exposure to an allergen, consulting with an Orlando, FL, wrongful death attorney can help you find resolution and justice.
Tangsuan experienced a fatal allergic reaction while dining at the establishment, leading her husband, Jeffrey Piccolo, to file a lawsuit against the park in February 2024. However, Disney is arguing that the lawsuit should be dismissed based on the terms and conditions Piccolo agreed to when he subscribed to Disney+.
Reports indicate that Disney contends Piccolo’s agreement to Disney+’s subscriber terms includes a clause mandating arbitration rather than court litigation for disputes. This clause, typically accepted by users with a simple click, could prevent Piccolo from pursuing the lawsuit through the courts, according to the Associated Press.
In response to the lawsuit, Disney has claimed they are not responsible for the restaurant where Tangsuan died, asserting that they merely lease the property to a third-party operator. “We are deeply saddened by the family’s loss,” Disney said in a statement. “However, we are defending ourselves against the attempt to wrongly include us in this lawsuit against the restaurant, which we neither own nor operate.”
As legal proceedings continue, the outcome of this case could have significant implications for how terms and conditions in digital agreements impact legal disputes.
Is An Allergic Reaction In A Restaurant Considered Wrongful Death In Florida?
In Florida, the legal classification of an allergic reaction resulting in death as “wrongful death” hinges on several critical factors. Wrongful death claims are typically grounded in negligence, where the deceased’s family must prove that the death resulted from the carelessness or intentional misconduct of another party.
When it comes to allergic reactions in restaurants, several elements come into play:
- Duty of Care: Restaurants have a duty to provide safe food to their patrons. This duty extends to ensuring that ingredients are correctly labeled and that staff is trained to handle allergen-related inquiries.
- Breach of Duty: Your lawyer must demonstrate that the restaurant breached its duty of care. This could involve showing that the restaurant failed to adequately disclose allergens, neglected to train staff on allergen management, or did not take reasonable precautions to prevent cross-contamination.
- Causation: The family must prove that the restaurant’s breach of duty directly caused the allergic reaction that led to the death, linking the restaurant’s negligence to the harm suffered by the deceased.
- Damages: Florida law requires plaintiffs to prove that the wrongful act caused actual damages, such as the loss of companionship, emotional distress, or financial support.
In practice, proving wrongful death in cases involving allergic reactions can be complex. It requires detailed evidence of how the restaurant’s actions or inactions contributed to the fatal reaction. This may include expert testimony on food safety and allergen management.
Ultimately, whether an allergic reaction constitutes wrongful death in Florida depends on the specifics of the case and the ability to establish negligence and causation. If you believe that your loved one’s death could have been avoided had proper precautions been taken, contact the attorneys at David & Philpot, PL.
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