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Lawyers claim Disney+ terms prevent wrongful death lawsuit related to food allergies at Disney World


Lawyers claim Disney+ terms prevent wrongful death lawsuit related to food allergies at Disney World

PLAINVIEW, NY – The Walt Disney Company’s response to a grieving Long Island family’s lawsuit is a promise to keep fighting.

CBS News New York spoke to relatives of the woman who suffered a fatal allergy attack after eating at a Disney Springs restaurantThe company asked a Florida court to dismiss the family’s lawsuit over the fine print in the Disney+ app.

Amy Tangsuan, an NYU Langone doctor from Plainview, was vigilant about eating out, said Sabrina Martini, her best friend. Martini added that Tangsuan’s severe dairy and nut allergies were always communicated.

“Not only would she inform the staff, but also everyone who was with her, and we would repeat it again,” Martini said.

According to her husband’s lawsuit, the waiter at the Disney Springs Raglan Road restaurant in October “guaranteed the preparation of certain foods without allergens and confirmed this multiple times.”

Tangsuan died soon after of “anaphylaxis due to increased dairy and nuts in her body.”

Her cousin, lawyer Peter Giattino, calls Disney’s reaction shocking and absurd. Since Tangsuan’s husband Jeffrey Piccolo had signed up for Disney+ years ago, he waived his right to sue. Disney is citing the fine print in the agreement, which states that users must settle all disputes with the company.

“It was stolen from him, and now Disney is basically trying to steal his day in court, and that’s a fundamental right that we all have,” Giattino said.

Disney claims Piccolo recently agreed to a similar arrangement when he purchased Epcot tickets online.

“This would set a horrific precedent when you open your phone and look at all the services and things you’re subscribed to,” Giattino said.

The case could impact anyone who has ever signed a user agreement

Legal experts say we sign consumer arbitration agreements all the time and courts find them enforceable.

Arbitration must be fair and can be less expensive than a jury trial. But Joan Stearns Johnsen, a professor at the University of Florida’s Levin College of Law, says: “You’re less likely to get the big punitive damages you hear about. And you’re less likely to get sympathy.”

The case could impact anyone who has ever signed a user agreement. Martini said Tangsuan’s family members will have to appear in court to get answers.

“So the process can be changed and this will never happen to anyone again,” Martini said. “I lost my best friend. I don’t want anyone else to lose theirs.”

The Walt Disney Company did not respond to CBS News New York’s request for comment.

Read the lawsuit

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