They're just trying it on. If they get away with it, bonus! Some individuals are gullible enough to let them. Otherwise, nothing lost, just go through the normal process.

Same thing happened to a mate of mine many years ago, on a smaller scale. He was involved in a collision in a car park, and the other bloke's insurance company was chasing my mate for failing to give way. I told my mate they were just trying it on, there are no road rules on private property, tell 'em to [something].

Unfortunately in the US, Disney might find an agreeable court.

But what Jo said is right. EULAs come under contract law. Wrongful death is a tort. Contract disputes are heard in a court of law[1] while tort claims are heard in a court of equity. No lawyer would even try to conflate the two and no judge would entertain it. In a rational world.

[1] Yes the word "law" is used in two senses. Law (broader) is divided into law (narrower) and equity.