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I'm not sure that's accurate. I don't think it's even possible to waive the right to sue for certain negligent actions.

by ronsor 3y ago

Terr_ 3y ago
IANAL but in many jurisdictions it also comes down to ordinary negligence vs gross negligence. Basically the difference between ordinary mistakes versus "WTF were you thinking".
anonymouskimmer 3y ago
I also am not a lawyer, but this will likely depend on the political leanings of the court: https://www.centerjd.org/content/fact-sheet-cases-tossed-out-court-because-forced-arbitration-causes-and-class-action-bans https://www.centerjd.org/content/fact-sheet-cases-tossed-out... > A father brought a civil suit after his son had been sexually assaulted and stalked at boarding school by another student when he was 12. He argued that St. John’s was on notice of the perpetrator’s strange behavior towards the child, knew of other incidents of physical and sexual assaults on other students on campus and breached its duty to protect them. > The court found that the arbitration agreement was valid and enforceable and ordered all claims into arbitration. --- > Family members brought a wrongful death lawsuit after 90-year-old resident Charlotte Fischer died from an assault allegedly committed by a Colorow employee. The county coroner ruled her death a homicide. According to reports, a nurse’s assistant allegedly threw her against a wall and fractured her hip; he was charged with third-degree assault.[5] When Fischer entered the facility, her daughter filled out the admissions paperwork. Among the documents signed as part of the entry packet: an arbitration agreement compelling arbitration for any claim arising from or relating to Fischer’s relationship with the facility. > the Colorado Supreme Court disagreed, ruling that only substantial compliance with the formatting requirements of the Act was needed and, as such, the case could be forced into arbitration.

I'm not sure that's accurate. I don't think it's even possible to waive the right to sue for certain negligent actions.

by ronsor 3y ago

I'm not sure that's accurate. I don't think it's even possible to waive the right to sue for certain negligent actions.

IANAL but in many jurisdictions it also comes down to ordinary negligence vs gross negligence. Basically the difference between ordinary mistakes versus "WTF were you thinking".

anonymouskimmer 3y ago

I also am not a lawyer, but this will likely depend on the political leanings of the court: https://www.centerjd.org/content/fact-sheet-cases-tossed-out-court-because-forced-arbitration-causes-and-class-action-bans https://www.centerjd.org/content/fact-sheet-cases-tossed-out... > A father brought a civil suit after his son had been sexually assaulted and stalked at boarding school by another student when he was 12. He argued that St. John’s was on notice of the perpetrator’s strange behavior towards the child, knew of other incidents of physical and sexual assaults on other students on campus and breached its duty to protect them. > The court found that the arbitration agreement was valid and enforceable and ordered all claims into arbitration. --- > Family members brought a wrongful death lawsuit after 90-year-old resident Charlotte Fischer died from an assault allegedly committed by a Colorow employee. The county coroner ruled her death a homicide. According to reports, a nurse’s assistant allegedly threw her against a wall and fractured her hip; he was charged with third-degree assault.[5] When Fischer entered the facility, her daughter filled out the admissions paperwork. Among the documents signed as part of the entry packet: an arbitration agreement compelling arbitration for any claim arising from or relating to Fischer’s relationship with the facility. > the Colorado Supreme Court disagreed, ruling that only substantial compliance with the formatting requirements of the Act was needed and, as such, the case could be forced into arbitration.