Florida is known for its wild news stories. The “Florida man” is a practically a folk legend in the state. Part of that just ends up as crazy headlines and someone getting arrested (probably). In other cases, it ends up in a lawsuit, like with these three crazy cases:
1. The Faceless Pumpkin
One of the silliest-sounding lawsuits in Florida today is undoubtedly the faceless pumpkin case. In December 2023, Cynthia Kelly and attorney Anthony J. Russo filed a class action lawsuit against Hershey for falsely advertising their Halloween Reese’s candy. In this packaging label, the candy has a pumpkin face on it. In reality, it does not. Due to false advertising, Kelly is suing Hershey for over $5 million.
There is currently no settlement or dismissal of the case, as it’s likely still ongoing. Either way, it’s a serious lesson for Florida-based businesses to keep their advertising true to life!
2. The Disney+ Loophole
Now, technically, the actual lawsuit behind the Disney+ loophole case is serious. The entire issue started when Jeffrey Piccolo sued Disney for wrongful death after his wife, Kanokporn Tangsuan, suffered from a fatal allergic reaction and died in one of their park restaurants in 2023. In an astonishing countermove, Disney tried to get the lawsuit thrown out because Piccolo signed up to Disney+, which includes a section in the user agreement that requires all users to arbitrate all disputes with the company.
They also claimed the lawsuit should be thrown out because Piccolo used Walt Disney Park’s website to buy the tickets, which again required a user agreement.
Thankfully, they’ve withdrawn the lawsuit, though they did so claiming they were going to “waive [their] right to arbitration and have the matter proceed in court.”, and haven’t taken down the user agreement loophole that would try to prevent lawsuits like Piccolo’s from going to court.
3. Trashing Someone’s Leg
A man in Key Largo sued the Doctors Hospital in Coral Gables after they threw his amputated leg in the trash. After amputations, limbs are typically incinerated, except in John Timiriasieff’s case. Though ridiculous, Timiriasieff did have reason to be concerned (other than the body horror) as his personal details were still attached to the limb. He sued for invasion of privacy and for emotional distress.
4. Protecting Yourself from a Crazy or Frivolous Lawsuit
While these lawsuits can seem silly and ridiculous, the fact is they can happen to you, too. You can be sued for any number of reasons, which is why getting personal or business liability insurance is so critical. It’s particularly important for a business. Something as simple as someone falling out of a booth table can cause a lawsuit – and that person will often win.
Part of keeping your business safe means investing in insurance that can protect you from those lawsuits. Not only can you have most of the payout covered, but you can also keep your business up and running without being thrown out.
That’s why every business needs to be protected, no matter how small. Don’t assume you’re in the clear just because you’re a nobody Etsy seller. Instead, take the mantra it’s better to be safe, than sorry to heart.
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