Disney wrongful death legal case exposes potential pitfalls of automatically clicking ‘I agree’

By Stergios Aidinlis, Assistant Professor in AI Law, Durham University

Disney has U-turned on a bid to dismiss a wrongful death lawsuit in the US by relying on the terms of service for a simple streaming trial.

The suit was filed by a man whose wife allegedly died after experiencing an allergic reaction at Disney World in Florida. In the case, Disney lawyers had planned to invoke the terms of service that the man agreed to when signing up for a Disney+ free trial, which mentioned that users agree to settle any disputes with the company out of court via arbitration.

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