D I G T E K

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On October 5th, Dr. Kanokporn Tangsuan tragically passed away after experiencing an allergic reaction at Raglan Road Irish Pub in Disney Springs. She had explicitly informed the restaurant staff about her severe nut and dairy allergies and received assurances that her meal was safe. However, she suffered a severe reaction shortly after eating and died at a nearby hospital. This devastating incident raises critical questions about food allergy safety protocols at Disney World and the legal responsibilities of restaurants in ensuring the well-being of their guests.

Her husband, Jeffrey Piccolo, subsequently filed a wrongful death lawsuit against Disney, alleging negligence on the part of the restaurant. The lawsuit contends that Raglan Road failed to adequately accommodate Dr. Tangsuan’s allergies, leading to her untimely death. The case highlights the importance of clear communication between diners with allergies and restaurant staff, as well as the need for robust training and procedures to prevent such tragedies.

Initially, Disney sought to compel arbitration, citing a clause in the Disney+ streaming service terms and conditions that Piccolo had agreed to. This move sparked public outrage and accusations that Disney was attempting to evade responsibility for Dr. Tangsuan’s death. The company argued that Piccolo’s agreement to the Disney+ terms extended to all disputes with Disney entities, including the wrongful death claim.

Disney’s attempt to enforce arbitration based on the streaming service agreement was widely criticized as being overly broad and exploitative. Critics argued that it was unreasonable to expect consumers to understand that agreeing to streaming service terms could waive their rights in unrelated matters, such as a wrongful death claim arising from a restaurant incident.

Following intense public backlash and negative media coverage, Disney reversed its decision and agreed to allow the lawsuit to proceed in court. Disney Chairman Josh D’Amaro acknowledged the unique and sensitive circumstances of the case and stated that the company prioritized “humanity above all other considerations.” This decision was seen as a victory for Piccolo and a recognition of the importance of holding Disney accountable for the alleged negligence that led to Dr. Tangsuan’s death.

Piccolo is seeking damages exceeding $50,000 in the wrongful death lawsuit. The case will now proceed through the court system, where a jury will determine whether Disney and Raglan Road were negligent in their handling of Dr. Tangsuan’s allergies. The outcome of the case could have significant implications for food allergy safety protocols in the hospitality industry and the enforceability of broad arbitration clauses in consumer contracts. Disney’s website advises guests with severe allergies to contact [email protected] at least 14 days prior to their arrival to discuss their needs and make arrangements with restaurants.

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