My Thoughts on the Disney Wrongful Death Lawsuit

A Tragic Incident at Disney World

Recently, the wrongful death lawsuit involving Disney has garnered much press coverage. In October 2023, Jeffrey Piccolo and his wife, Dr. Kanokporn Tangsuan of Long Island, NY, visited a restaurant located in Disney Springs at Walt Disney World in Orlando, Florida.?

Dr. Tangsuan, who was visiting the theme park with her husband and mother, suffered from severe nut and dairy allergies. After finding an allergy-accommodating restaurant within the resort, the couple decided to eat at Raglan Road Irish Pub and Restaurant, which is not owned by Disney but operates independently.

They told their server that Dr. Tangsuan had severe allergies and were assured their food contained neither nuts nor dairy. About 45 minutes later, she had an extreme allergic reaction and was taken to a nearby hospital, where she later died.

Now, her husband, on behalf of her estate, is asking for $50,000+ in damages in a wrongful death lawsuit against Disney.?

While Disney initially claimed that the lawsuit could not proceed because Piccolo signed up for a Disney+ streaming account in 2019, they reversed their stance after intense backlash and will now allow the case to be brought to court.?

What Is a Wrongful Death Lawsuit??

This tragic case at Disney World has highlighted the issue of “wrongful death.” When a person dies due to the negligent, reckless, or intentional acts of an individual or entity, it is considered a wrongful death. It is a type of civil personal injury lawsuit wherein the surviving family members can sue the negligent party for their losses.

In this case, Mr. Piccolo is filing on behalf of his deceased spouse, which is allowed under Florida’s wrongful death law. According to legal filings, Piccolo is seeking damages over $50,000 for mental pain and suffering, loss of companionship and protection, loss of income, and reimbursement for medical and funeral expenses.

The lawsuit will then be brought before a judge and jury to determine the extent of the damages caused by Disney's alleged negligence. The court will evaluate the evidence presented by both parties to decide if Disney is liable for the wrongful death.?

How Is Negligence Proven in a Wrongful Death Case??

In a wrongful death case, proving negligence involves establishing that the defendant's actions (or lack of action) directly caused the death of the individual. The following four elements must be proven:

1. Duty of Care: Mr. Piccolo and his legal team (the plaintiff) must show that Disney (the defendant) owed a legal duty of care to the deceased. In this case, the restaurant that served Dr. Tangsuan had a duty of care to avoid food-related injuries to its customers.?
2. Breach of Duty: The plaintiff must establish that the defendant breached their duty of care. This entails demonstrating that the restaurant failed to meet the expected standard of care in food preparation and service. In this specific case, the restaurant breached its duty by failing to ensure the food served to Dr. Tangsuan did not contain the ingredients to which she had a known allergy.?
3. Causation: The plaintiff must prove a direct connection between the defendant's negligence and the individual's death. In this case, Raglan Road Irish Pub and Restaurant, located on Disney property, served the food that caused the fatal allergic reaction.
4. Damages: Finally, the plaintiff must prove that the death resulted in specific damages, such as funeral costs, loss of income, and pain and suffering experienced by the surviving family members. These damages must be quantifiable and directly linked to the defendant's actions.

Final Thoughts?

Experiencing the wrongful death of a loved one is deeply painful. At my law practice, we handle these extremely sensitive cases with the utmost care and compassion, understanding their profound impact on families.?

Whether it be a negligent business, restaurant, vehicle driver, or doctor, it is only fair and just for the grieved to seek justice and hold the responsible party accountable. The judge and jury will hear Mr. Piccolo’s case at the hearing on October 2nd. With so much attention paid to this particular case, it will be closely watched by both the community and legal professionals alike. The outcome could set a precedent for future wrongful death cases, highlighting the importance of accountability and justice.??