In public relations, the customer is always right in tastes especially if the taste could kill them.
On October 5, 2023, Dr. Kanokporn Tangsuan, a New York State doctor, and her husband, Jeffrey J. Piccolo, stopped at the Raglan Road Irish Pub and Restaurant at the Downtown Disney Center at Disneyworld for dinner. The couple allegedly chose to eat there to accommodate Dr. Tangsuan’s food allergy to nuts.
Dr. Tangsuan allegedly told their server about her allergies and the server responded that their food could be made without specific food items if so ordered. The couple ordered “Sure I’m Frittered,” “Scallop Forest,” “This Shepherd Went Vegan” and “Onion Rings.” They confirmed that their food would be allergen-free. When some of their dishes arrived without “allergen free flags,” their server allegedly confirmed again that their food was free of allergens.
After dinner, the couple split up at about 8pm. Piccolo went back to the couple’s hotel room and Dr. Tangsuan stayed at Disney Springs to do some shopping. Less than an hour later, bystanders reported that Dr. Tangsuan had difficulty breathing and collapsed. She was observed using an EpiPen to stop her allergic response, though to no avail. A good samaritan called 911 and paramedics rushed Dr. Tangsuan to the hospital, though doctors were unable to save her. Piccolo was informed that his wife had passed.
An autopsy found elevated levels of dairy and nut in her system and determined that she had died of a severe allergic reaction. Dr. Tangsuan’s estate has filed a lawsuit against Disney Parks as well as Raglan Road Irish Pub and Restaurant, with multiple claims of negligence for her wrongful death.
Food Allergy Lawsuits
Restaurants may have a responsibility to warn a customer if a dish contains ingredients that the restaurant knows that the customer may be allergic to. Alternatively, restaurant can be liable if they were negligent in preparing or serving a customer’s food. It is especially important for a restaurant to properly prepare a dish for a customer if they know that the customer has an allergy. The consequences of improperly prepared food can be fatal, as was allegedly the case here.
However, Dr. Tangsuan’s estate must still show that the pub was the cause of her death. Although she ate at the Raglan Road Irish Pub and an autopsy determined her cause of death was an allergic reaction, her estate must still rule out other potential possibilities. Since Dr. Tangsuan was presumably at Disneyworld for the day, it’s probable she may have consumed other food that may have triggered her reaction. Of course, Dr. Tangsuan began having a reaction shortly after she left the restaurant, so the scope would be limited to what she had to eat or drink shortly before they went to the Raglan Road Irish Pub or afterward.
Additionally, the parties could run through the list of ingredients used to prepare each dish that Dr. Tangsuan. Mr. Piccolo would have verify that his wife actually ate a particular dish. It might
be painful to recount his spouse’s final meal for what should have otherwise been a happy occasion, but is otherwise necessary to determine her exact cause of death.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.