Well, Disney does not own or operate the restaurant where the guest ate that day. I am surprised they are actually included in the lawsuit. I would think there would be something in Disney’s contracts with third parties addressing this type of issue. I personally do not feel Disney is responsible for what happened to the guest. I feel that is all on Raglan Road, and their owners and management should be held responsible should the court find them guilty of negligence.
However, if it is true that Disney is using a line of legalese in a contract that has nothing to do with Parks and Resorts to prevent people from suing Disney for negligence in restaurants they do own and operate, that is beyond the pale in my opinion. I could understand their position if it was part of the terms and conditions for staying in the resorts or gaining admission to the parks that you might have to agree to arbitration should an event occur while visiting those places. But
Disney+ is a separate division which has no control over policies at WDW. I also think it’s a reach to make that legalese binding in perpetuity. Supposedly that guest signed up for a trial of Disney+ and did not end up subscribing as a paying customer. That should have voided the T&C of the Disney+ agreement. Canceling the service at any point should mark the end of the T&C agreement in my opinion. Ultimately though it is the responsibility of each of us to read the fine print every single time so we know what we are agreeing to.