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STATE SUPREME COURT REFUSES TO ENFORCE ARBITRATION CLAUSE AGAINST YOUNG INJURY VICTIM

A Lower district court declined to urge arbitration to look into a personal injury claim that an act of noticeable negligence leads to the critical leg injury of a young boy in the defendants’ trampoline park. An appellate court published and affirmed this opinion and alongside the lower district court, acknowledge the clause embedded in the liability release and waiver form provided by the defendant is legal. This clause suggests that every claim should be addressed through arbitration. The plaintiffs’ case has not been addressed; however, the judgment passed by the courts restricts the plaintiff from seeking compensation during the arbitration.

Defendant Moves to Enforce Arbitration, while Plaintiffs’ Son Suffers Terrible Leg Injury

Alicea v. Activelaf, LLC was a case staged in February 2015, where the plaintiffs are a young boy’s parents. The boy secured damaging leg injury, while at the defendants’ trampoline park. According to the appellate, the parents seek compensation as they claim that the injury was due to negligence.

However, before the incident, the injured boy’s mother signed a liability release and waiver. By signing this, the plaintiff has agreed to leave every claim against the defendant out of state or federal court. Instead, the case would be handled in a mandatory arbitration.

Arbitration is like a private court, which is focused on attending to legal disputes of different kinds. In arbitration, the arbiter has the upper-hand, and whatever the arbiter rules in the legal dispute is a binding settlement. These arbitrations could be depressing at times, and therefore you need an expert personal injury attorney in Florida.

Businesses Prefer Arbitrations, why?

Just like the Alicea case, most businesses prefer arbitrations, and these are some of the reasons. Arbitrations are straight-forward, and they save a lot of time because they are restricted to expedited rules and procedure. Arbitration benefit big businesses as they reduce necessary legal expenses, as the nature of the proceeding is relaxed in standards. One of the major rules in arbitration is that compensation and settlements must be less expensive than those claims address through courts.

Arbitration Clauses Made by Defendants are Enforceable

When the defendant demanded that the case is dismissed to arbitration in the Alicea case, the plaintiff challenged the validity of the clause in the liability release. After much consideration, the court ruled that negotiations or notification should be passed before subjecting a defendant or any other person in the similar situation to arbitration, it will simply be against public policies. Therefore, thanks to the Supreme court’s ruling, the plaintiffs are now allowed to seek for rightful compensation in a state court. It is safe to say that, the plaintiff had a good personal injury attorney in Florida. The plaintiff could get a larger settlement for their son’s injuries if the case were successful.

Therefore, if you find yourself in this situation or the victim is your loved one, you need a professional attorney to handle your arbitration cases. If you live in Orlando, Jupiter, Boca Raton or any other city, there is a skilled personal injury attorney in Florida for you.


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