A tragic incident at Walt Disney World® Resort has sparked legal and ethical debates that could reshape the landscape for wrongful death victims and their families. On October 5, 2023, Dr. Kanokporn Tangsuan, who suffered from severe dairy and nut allergies, dined at Raglan Road Irish Pub in Disney Springs. Despite assurances from the restaurant staff about allergen-free food, Dr. Tangsuan experienced a fatal anaphylactic reaction shortly after her meal. Her death was attributed to elevated levels of dairy and nuts. This tragic incident highlights the necessity of property owners and managers to take the safety of guests seriously. In these situations, the family would be well within their rights to contact an Orlando, FL, premises liability lawyer to take legal action.
In February 2024, Dr. Tangsuan’s husband, Jeffrey Piccolo, filed a $50,000 wrongful death lawsuit against Walt Disney Parks and Resorts (WDPR) and Raglan Road, citing medical expenses, loss of income, and mental anguish. Disney initially denied liability, arguing it served only as the restaurant’s landlord. Compounding the controversy, Disney sought to move the case to arbitration, citing a clause Piccolo allegedly agreed to during a 2019 Disney+ trial subscription.
The arbitration clause, which mandates disputes be settled outside of court, raised concerns as it applied to unrelated scenarios like wrongful death. Piccolo’s legal team countered that the clause should not apply, noting inconsistencies in Disney’s contracts. They also argued that Dr. Tangsuan, and by extension her estate, had not consented to any arbitration agreements.
Amid public backlash, Disney recently withdrew its motion to enforce arbitration. This decision highlights broader implications for the enforceability of such clauses, especially in serious matters like wrongful death. With millions of Disney+ users bound by similar terms, the outcome of this case could redefine contractual limits in personal injury and wrongful death lawsuits.
As the case proceeds in October 2024, it may set critical precedents for victim rights and corporate accountability, ensuring families like Piccolo’s can pursue justice in court.
The Role Of A Premises Liability Lawyer In A Wrongful Death Claim
A premises liability lawyer plays a critical role in wrongful death claims arising from unsafe property conditions. These claims often involve accidents caused by negligence in maintaining or securing the premises, such as hazardous walkways, inadequate security, or dangerous structural flaws.
First, the lawyer investigates the incident, gathering evidence like surveillance footage, maintenance records, and witness statements to establish negligence. They determine whether the property owner, landlord, or tenant failed in their duty to maintain safe conditions or warn of potential hazards. This step is vital to proving liability in court or negotiations.
Second, they assess damages by evaluating the financial and emotional toll of the death on surviving family members. This includes medical expenses, funeral costs, lost income, and non-economic damages like loss of companionship and emotional suffering. Accurate calculations ensure fair compensation is pursued.
A premises liability lawyer also navigates complex legal frameworks, ensuring claims adhere to local statutes, including deadlines and rules governing property liability. They may negotiate settlements or advocate in court to secure justice for the deceased’s estate and family.
Premises liability lawyers handle cases as minor as a slip and fall to devastating wrongful death claims. The bottom line is: If you were injured on someone else’s property due to the owner or manager’s negligence, you have legal rights, and a law firm like David & Philpot, PL, can help you get the compensation you deserve. Contact us to discuss your situation in a free consultation.
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