Uber rules mean couple can’t sue after ‘life-changing’ accident

Arbitration clauses are “very common,” particularly when dealing with large corporations, said Ted Spaulding, a personal injury attorney based in the state of Georgia.

An arbitrator is “usually a lawyer who does this for a living,” he said, who “can act like a judge and jury.”

They decide the outcome after weighing the arguments of both sides and their fee is often split between both parties.

In the United States, the enforceability of arbitration clauses varies from state to state.

In his case, Disney used the arbitration clause in its terms to argue that a man whose wife died at Disney World could not sue her in court.

Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife, Dr. Kanokporn Tangsuan, died in 2023 as a result of an allergic reaction at a third-party restaurant at Disney World Florida.

Disney said Mr. Piccolo waived his right to a trial when he signed up for a free trial of Disney+ in 2019.

Disney later withdrew its right to arbitration and, following media coverage of the lawsuit, opted for a jury trial.

“We believe this situation requires a sensitive approach to expedite a resolution for the family who has suffered such a painful loss,” Disney executive Josh D’Amaro said in a statement to the BBC in August.

Mr. Spaulding says: “The law understandably says, ‘Look, you have a duty to know what you’re signing,'” referring to the terms and conditions that people often accept when using a product or service.

However, he says, “The scope should be within the transaction that you agree to.”