Many people agree to arbitration on their injury and other claims and do not know it when they sign large contracts or agree to “terms of service” when using an app or online product.
Most mobile and internet users must agree to specific “Terms of Service” or “Terms and Conditions” before they utilize certain online products or services. Most individuals do not take the time to review these terms and conditions, which can stretch to pages and pages of confusing legal terminologies and concepts. However, to disregard a review of these Terms of Service can greatly affect an individual’s legal rights, effectively constraining the ability of an injured party to seek justice.
A recent example of this can be found in a wrongful death case filed against The Walt Disney Company in Florida. A New York doctor died from an allergic food reaction at a Disney Springs restaurant in Orlando, Florida. When her family sued, Disney filed to move the case to arbitration because the family had signed up for the Disney+ streaming service in 2019. As part of the Terms and Conditions associated with the Disney+ streaming service, the family agreed that all disputes against Disney must be decided in an Arbitration, not court. Even though the events were separated by almost four years, and even though the streaming agreement had nothing to do with dining, Disney’s position was that because the family agreed to arbitration in the “Terms and Conditions” of Disney+ streaming, ALL complaints against Disney had to go to arbitration.
After Disney’s motion to force arbitration was filed, a public relations nightmare ensued. Eventually, facing a large amount of backlash, Disney agreed to “waive” its right to force arbitration on the case. However, there is a strong legal argument that the arbitration Clause in the Disney+ streaming terms and conditions would have applied against the woman’s estate, and therefore, arbitration would have been ordered.
Uber, DoorDash, Lyft, Microsoft, Apple and Meta all utilize these types of agreements in their “Terms of Service” or “Terms and Conditions”. Many large contracts, such as employment agreements, contain arbitration agreements. While you cannot always negotiate the terms of these agreements, you should be aware of what you sign.
Call Kuzmich Law for Your Injury Case
With the help of board-certified attorney Steve Kuzmich, our clients have the best chance at achieving the results needed to get justice after experiencing a traumatic injury. Kuzmich Law Firm, P.C., believes in a people-first approach. This means you have a compassionate and dedicated attorney by your side every step of the personal injury claims process.
We represent clients throughout the entirety of Texas. For a free case evaluation, please call our personal injury law office at (972) 434-1555.