Disney World has been accused of a “preposterous” move after its lawyers argued a man cannot sue it over the death of his wife because of the terms he signed up to in a free Disney+ trial.
Jeffrey Piccolo filed a lawsuit against the firm after his wife died last year from a severe allergic reaction after eating at a restaurant at the theme park in Florida.
But Disney has argued the terms of use Mr Piccolo agreed to when signing up for his online streaming account in 2019 means he has to settle out of court.
He is suing for more than $50,000 and legal costs but the business wants the dispute resolved out of court and said signing the terms of use means any disputes have to be settle via arbitration rather than in court.
His lawyers told the BBC Disney's arguments were "preposterous" and "inane" and “based on the incredible argument that any person who signs up for a Disney+ account, even free trials that are not extended beyond the trial period, will have forever waived the right to a jury trial".
The also argue Mr Piccolo agreed to the Disney terms of use for himself but is now acting for his dead wife who did not agree to them.
Disney's attempt to have the case thrown out of court will be heard in front of a Florida judge in October.
The firm has not commented so far.
