Disney Waives Arbitration Right in Wrongful Death Lawsuit

ORLANDO, FL. – The Disney Company has “waived our right to arbitration” in the lawsuit that has garnered national attention over the death of Kanokporn Tangsuan who died from an allergic reaction after dining at a restaurant at Disney Springs.

Waive our right to arbitration

In a statement Tuesday obtained by NBC, Disney stills holds the claim that they have right to arbitration based on End User License Agreements (EULA) from Disney owned products such as Disney Plus, which requires trial users to arbitrate all disputes with the company. Due to the sensitivity of the case, Disney has “decided to waive our right to arbitration and have the matter proceed in court.”

“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” said Josh D’Amaro, chairman of Disney Experiences. 

According to a response made by Disney in mid-August, Disney claims they were merely attempting to remove their name from the original lawsuit. The company argued that since the restaurant, Raglan Road Irish Pub at Disney Springs, was not owned or operated by Disney, they should not be a defendant in the case. However, Disney Springs is owned by Disney, which leases space to other companies.

Acute Allergic Reaction

According to a report by CNN, in October 2023, Kanokporn Tangsuan, 42, her husband Jeffrey Piccolo and Piccolo’s mother dined at Raglan Road Irish Pub in Disney Springs, which is part of the Walt Disney World resort in Florida. After assurances were made by the staff that certain foods would be made allergen-free for Tangsuan, she later began “suffering from a severe acute allergic reaction,” according to the lawsuit.

Despite self-administering an Epi-Pen, Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system,” the lawsuit said, attributing the information to a medical examiner’s investigation.

“The right to a jury trial as set forth in the seventh amendment is a bedrock of our judicial system and should be protected and preserved. Attempts by corporations like Disney to avoid jury trials should be looked at with skepticism,” Piccolo’s attorney, Brian Denney said in a statement to NBC.