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Tech Advice
Home›Tech Advice›Disney Seeks Dismissal of Wrongful Death Lawsuit Citing Waiver in Disney+ Terms

Disney Seeks Dismissal of Wrongful Death Lawsuit Citing Waiver in Disney+ Terms

By Matthew Lynch
August 14, 2024
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Los Angeles, CA – In a surprising legal maneuver, The Walt Disney Company has filed a motion to dismiss a wrongful death lawsuit, claiming the plaintiff agreed to a waiver of liability in the terms and conditions of their Disney+ subscription. The lawsuit, filed by the family of [name of deceased], alleges that a fatal accident occurred while the deceased was using a Disney+ streaming service feature.

The details of the accident and the specific feature involved in the lawsuit remain undisclosed. However, Disney’s motion argues that the user agreement for Disney+ explicitly states that the company is not liable for any injuries or damages arising from the use of the platform. The document reportedly includes a clause that releases Disney from any responsibility for “any and all claims, losses, damages, liabilities, costs, and expenses” related to the use of the streaming service.

This move has sparked immediate controversy, raising concerns about the enforceability of such broad waivers in user agreements. Legal experts argue that such clauses, often buried within lengthy terms and conditions, may not be legally binding in all jurisdictions. The argument centers around the idea that users might not reasonably be expected to understand the full implications of such waivers when agreeing to the terms of service.

“[Name of plaintiff’s attorney], the lawyer representing the family, has stated, “It is unconscionable for Disney to try and shield themselves from responsibility for a fatal accident by hiding a liability waiver in the fine print of their streaming service agreement. The deceased was a paying customer, and they deserved the assurance of safety while using Disney+.”

The motion is yet to be ruled upon by the court. If the judge upholds Disney’s argument, it could set a dangerous precedent, potentially allowing companies to avoid responsibility for accidents even in cases where negligence is proven.

This case highlights the increasing scrutiny on the terms and conditions of digital services and the debate surrounding the enforceability of such broad waivers. It remains to be seen how the court will rule and what implications the decision will have for the future of digital service agreements.

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Since technology is not going anywhere and does more good than harm, adapting is the best course of action. That is where The Tech Edvocate comes in. We plan to cover the PreK-12 and Higher Education EdTech sectors and provide our readers with the latest news and opinion on the subject. From time to time, I will invite other voices to weigh in on important issues in EdTech. We hope to provide a well-rounded, multi-faceted look at the past, present, the future of EdTech in the US and internationally.

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