She Ordered From the Allergen-Free Menu at Disney World. She Spent Three Days in the Hospital Anyway.

Mae Bodziony was 25 years old when she visited Walt Disney World in Orlando with her family in August 2024. She has a life-threatening tree nut allergy — the kind that requires carrying an epinephrine auto-injector at all times and being vigilant about every meal eaten outside the home.

When the family dined at Be Our Guest restaurant — the Beauty and the Beast-themed dining experience inside Magic Kingdom — Bodziony did exactly what allergy experts recommend. She informed her server of her allergy before ordering. She asked about safe options. And she ordered from the allergen-free menu, the menu Disney specifically provides for guests with dietary restrictions. She received the assurance from her server that the food she ordered would be nut-free.

The server brought bread and a salad to the table and told the family it was nut-free. Bodziony ate the salad.

Almost immediately, her lips began to itch. She took Benadryl — a common first response to allergy symptoms. But the reaction escalated rapidly. Her throat swelled. She recognized what was happening and used her epinephrine auto-injector. Staff escorted the family to a private room called "The Beast's Study" while they waited for emergency services. Bodziony and her family later alleged in their lawsuit that this move was deliberate — that management wanted to get her away from the main dining area before other guests could see the emergency unfold.

She was hospitalized for three days. Her medical bills exceeded $40,000. The family's vacation plans collapsed. Extra costs for extended car rentals and flight changes compounded the financial damage. And the emotional toll — on Bodziony, on her family who watched her go into anaphylaxis and wonder whether she would survive — extended far beyond the hospital stay.

The Lawsuit Filed in Orange County, Florida

Bodziony and her family filed a lawsuit in Orange County Circuit Court on July 3, 2025. The complaint alleged that Disney disregarded her disclosed allergy, served her food contaminated with tree nuts despite her having ordered from the allergen-free menu, and then showed indifference to her condition during her three-day hospitalization — failing to check on her well-being during that time.

The lawsuit documented both the immediate financial damages — over $40,000 in hospital costs plus travel disruption expenses — and the broader emotional impact of the incident. The complaint described the family experiencing "extreme emotional distress" as they waited to find out whether Bodziony would recover.

"Disney markets Be Our Guest as a dining experience. It also markets its allergen-free menu as a safe option for guests with food allergies. When a guest orders from that menu, discloses her allergy, and receives confirmation from staff that her food is safe — and then goes into anaphylaxis — the gap between what was promised and what was delivered is exactly what negligence law is designed to address."

This Was Not Disney's First Time Facing This Type of Claim

The Be Our Guest lawsuit was filed just as another Disney allergy case — the wrongful death claim involving Dr. Kanokporn Tangsuan at Raglan Road Irish Pub in Disney Springs — was nearing its resolution after nearly two years of litigation. That case, which involved a 42-year-old physician who died in October 2023, had already made national headlines for Disney's controversial legal strategy.

The filing of a second allergy lawsuit against Disney dining within months of the first case being resolved points to something beyond isolated incidents. Disney operates dozens of restaurants across its Orlando resort. It actively markets its allergy accommodation capabilities to guests. And according to court filings in the Raglan Road case, at least five other guests were served allergen-contaminated food despite disclosing their allergies in the three years before Dr. Tangsuan's death — at that single restaurant alone.

For a company that explicitly promotes its ability to keep allergy guests safe, a pattern like this raises significant questions about whether the training, protocols, and kitchen practices actually match the marketing.

What "Ordering From the Allergen-Free Menu" Actually Means — and Doesn't

Many consumers with food allergies feel safer when they can order from a dedicated allergen-free menu or receive explicit confirmation from a server that a dish is safe. This case is a reminder that those assurances, while meaningful, do not eliminate risk — and that when the assurance is wrong and a guest is harmed, the restaurant bears legal responsibility.

Under Florida negligence law, a food service business that:

▸  Offers an allergen-free menu as a service to allergy guests

▸  Receives explicit allergy disclosure from a customer before they order

▸  Has a server confirm the food is safe for that customer

▸  Then serves food that triggers a severe allergic reaction

...has likely breached its duty of care to that guest. The existence of an allergen-free menu does not protect a restaurant from liability — it may actually heighten the duty, because the restaurant has explicitly represented to guests that ordering from it is safe.

What You Should Know If You Dine at Theme Park Restaurants in Florida

Florida is home to some of the busiest and most complex food service operations in the world. Theme park restaurants serve thousands of guests per day, with high staff turnover, fast-paced kitchens, and constant pressure on service times. These are also environments where allergy mistakes are especially likely — and where the consequences can be especially severe.

▸  Always disclose your allergy directly to your server before reviewing the menu — not after

▸  Ask for confirmation in writing if the restaurant provides allergy cards or documentation

▸  When food arrives, ask again — especially if expected markers like allergy flags or colored toothpicks are missing

▸  Do not rely on a general "allergen-free menu" as a guarantee — always confirm each specific dish

▸  If you experience any symptoms after eating, use your epinephrine auto-injector immediately, not Benadryl — Benadryl can mask symptoms of anaphylaxis without stopping the reaction

▸  Preserve any leftover food, receipt, or documentation from the meal before seeking medical care if possible

If you have experienced an allergic reaction at a Florida restaurant, hotel, or theme park dining venue after disclosing your allergy and receiving assurances of safety, you may have a legal claim. Consumer Rights Law, PLLC represents food allergy injury victims throughout Florida.

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If you or someone you love has been harmed by a food allergy failure at a restaurant, school, or food business in Florida, Consumer Rights Law, PLLC wants to hear from you. Consultations are free and we work on contingency — you pay nothing unless we win. Call (786) 360-7697 or visit consumerrights.law.

Consumer Rights Law, PLLC — Prior results do not guarantee similar outcomes. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.