Every day, consumers unknowingly surrender their right to sue companies when they agree to terms for apps, streaming services, or online platforms. These contracts frequently contain arbitration clauses, steering disputes into private proceedings that critics argue heavily favor corporations. Arbitration, especially when the opposite side is a powerful multi-national corporation, can easily go against the aggrieved party, which is why having your own Orlando, FL premises liability lawyer to represent you is so crucial.
A recent lawsuit involving Disney highlights this growing concern. A widower sued Disney after his wife suffered a fatal allergic reaction at a Walt Disney World restaurant. Disney argues the arbitration clause in his Disney+ subscription agreement prevents the case from proceeding in court. They also pointed to the terms of the online platform used to purchase Epcot tickets, despite the fact the tickets went unused due to the tragedy.
The widower’s attorneys called Disney’s position “preposterous,” stating it would effectively bar Disney+ subscribers from filing wrongful death lawsuits even if the dispute had no connection to the streaming service. Legal experts say Disney is part of a larger trend, with companies like Walmart and Airbnb employing increasingly aggressive interpretations of arbitration clauses to block lawsuits.
For example, Walmart successfully used arbitration to quash a civil rights lawsuit filed by a Black family falsely accused of shoplifting. The incident, which occurred in front of the family’s neighbors and classmates, resulted in public humiliation. Despite the claims being unrelated to Walmart’s delivery service, a federal judge ruled that the arbitration clause in the contract signed by a family member to become a Walmart delivery driver barred the case from court.
Similarly, Airbnb has used its terms of service to force wrongful death lawsuits into arbitration, even in cases where the deceased was not the renter but merely present at a property listed on the platform.
Courts remain divided on how broadly arbitration clauses can be enforced, with some accepting companies’ expansive interpretations while others reject the so-called “infinite arbitration clauses.” This legal debate stems from Supreme Court precedents favoring arbitration, leaving lower courts wrestling with whether such clauses should apply to disputes entirely unrelated to the original agreement.
As companies continue to push the boundaries of arbitration, critics warn that consumer rights and access to justice are increasingly at risk, with resolution likely requiring intervention by the Supreme Court.
What Can A Lawyer Do If I Go To Arbitration For A Premises Liability Case?
If you’re facing arbitration for a premises liability case, having a lawyer by your side can significantly improve your chances of a favorable outcome. Arbitration is an alternative dispute resolution method where a neutral third party, called an arbitrator, hears both sides of the case and makes a binding decision. Although it’s less formal than going to court, arbitration still requires careful legal preparation and strategy, which a skilled lawyer can provide.
First, your lawyer thoroughly reviews the facts of your premises liability case. They gather evidence, such as accident reports, medical records, and witness statements, to build a strong case that supports your claim. This includes identifying whether the property owner was negligent by failing to maintain safe conditions or warn of hazards that caused your injury.
During arbitration, your lawyer will present your case effectively, ensuring that all relevant evidence is presented and your legal arguments are clear. They will also cross-examine witnesses and challenge any weak points in the other party’s case. A lawyer’s experience with arbitration procedures can help streamline the process, avoiding delays and ensuring that the presentation of your case remains professional.
Additionally, a lawyer can help you understand the potential outcomes of arbitration, advising whether to accept a settlement offer or proceed to a hearing. Since arbitration decisions are typically final and cannot be appealed in most cases, a lawyer will help you evaluate the risks and benefits of accepting or rejecting a settlement.
If the arbitrator’s decision isn’t in your favor, your lawyer can discuss possible next steps, such as enforcing or contesting the award, depending on the circumstances. Overall, a lawyer’s guidance in arbitration ensures your rights are protected, and you receive fair compensation for your injuries. Presenting a strong case for arbitration is much the same as presenting a strong case before a judge and jury. At David & Philpot, PL, we often represent clients in arbitration, as many defendants in premises liability suits prefer to keep details of a lawsuit as private as possible. If you’ve been hurt on another party’s property, please call us today for a free consultation.
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