Wrongful death suit against Disney serves as a warning to consumers when clicking 'I agree'

A wrongful death lawsuit against Walt Disney Parks and Resorts is serving as a reminder to consumers of the importance of reading the fine print when signing up for a streaming service or smartphone app.

The lawsuit was filed by the family of a New York woman who died after eating at a restaurant in Disney Springs, an outdoor dining, shopping and entertainment complex in Florida owned by Disney.

Disney is arguing that the lawsuit should be dropped because the plaintiff, the woman's husband, once signed up for a trial subscription of the Disney+ streaming service. That service, they argue, includes a subscriber agreement in which the customer agrees to settle any lawsuits against Disney out of court through arbitration.

Such agreements, which customers quickly consent to by clicking “I agree” when downloading an app or a streaming service, are so stacked against the consumer that it's often difficult to offer good legal advice, said John Davisson, director of litigation at the Electronic Privacy Information Center.