Juan Brignardello Vela
Juan Brignardello Vela, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
In a tragic event that has shocked the community, Mr. Jeffrey Piccolo has made the difficult decision to sue Disney following the death of his wife at the Disney World theme park in Orlando, Florida. The couple had visited the famous tourist destination in October 2023 with the intention of enjoying a fun-filled day, but in an unexpected turn of events, the celebrations turned into a nightmare. On that fateful afternoon, Mr. Piccolo alerted restaurant staff about his wife's food allergies, as she was allergic to dairy and nuts. Despite these warnings, the woman consumed food that reportedly contained these ingredients, leading to a severe allergic reaction that culminated in her death. A coroner's report confirmed that the cause of death was anaphylaxis due to the ingestion of these allergens. With profound grief and indescribable anguish, Mr. Piccolo filed a lawsuit against Disney, seeking $50,000 plus legal fees. However, the company's response has left many stunned. Disney argues that Mr. Piccolo cannot sue them due to a clause included in the terms of service for Disney+, which he agreed to in 2019 when he signed up for a free trial of the streaming service. This clause stipulates that any disputes with Disney must be resolved through arbitration, meaning that the case cannot be presented in court or before a jury, but will instead be determined by a third party unaffiliated with either side. This argument has sparked a wide range of reactions and questions regarding the validity of such a claim. Mr. Piccolo's lawyers have described Disney's stance as "incredible," suggesting that the company maintains that anyone who registers for the service, even if only for a one-month trial, has waived their right to a fair trial. The idea that a streaming service clause could influence a person's legal ability to sue for negligence or for the death of a loved one is, according to the lawyers, "surreal." Upon reviewing Disney's terms of use, it can be observed that there is indeed a section that prohibits the filing of class action lawsuits and states that conflict resolution procedures must be conducted individually. This provision has faced criticism, as many argue that it limits consumer rights and may jeopardize customer safety, especially in serious situations like the one Mr. Piccolo has experienced. The controversy raises broader questions about the practice of arbitration clauses in consumer contracts, particularly in industries where customer safety is paramount. Consumer rights advocates argue that such provisions may allow companies to evade responsibility in cases of negligence. So far, Disney has not issued any official statements regarding the case. The company's lack of communication has only fueled Mr. Piccolo's frustration and pain as he faces the loss of his wife and a potential legal confrontation that could further restrict his ability to seek justice. This case not only affects the Piccolo family but could also set an important precedent in the interpretation of arbitration clauses and their applicability in urgent and emergency situations. As the situation unfolds, the community is eager to see how the courts will handle this complex and delicate issue, which could influence the future of the relationship between consumers and large corporations.