• The Pantser@lemmy.worldEnglish
      0·
      1 month ago

      This would be the exact same type deal if it was an Uber driver that ran into a pedestrian that happened to have a Uber account and they said the victim can’t sue because they were an Uber user at one time. I think it’s time we all stop singing up for any service that has that clause. I know I plan to read the T&C for everything now.

  • bluGill@fedia.io
    0·
    1 month ago

    Seventh Amendment - In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, [snip]

    I’m surprised arbitration holds up. I can believe the court say it comes first and the reasoning of arbitration should be given to the jury along with instructions that they can disbar a lawyer who tries to reverse something the arbitration decides when arbitration was correct, but ultimately the right to a jury trial is required.

  • 9point6@lemmy.worldEnglish
    0·
    1 month ago

    Time for another court to finally set the precedent the EULAs and Terms & Conditions are bullshit because it’s expected that no one will read them, and therefore no one has actually agreed to anything

  • helpImTrappedOnline@lemmy.worldEnglish
    0·
    1 month ago

    It the governments job to uphold the constitution and protect our right, they are failing by allowing corporations bypass the highest laws of the land with a fucking nonnegotiable hundred page terms & conditions document.

    I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

    - every United States President

    • RubberDuck@lemmy.worldEnglish
      0·
      1 month ago

      Caveat Emptor… The burden is on the buyer to know what they are getting into. And the government should stay out of all of this. This is what republicans mean when they say small government.

      Small government for civilians means no protections from large corporations.
      Small government for corporations means they get to do what they want and regulate themselves.

      It is the American dream.

      • helpImTrappedOnline@lemmy.worldEnglish
        0·
        1 month ago

        No the government should not stay out of it.

        How does this make any sense “if you, or anyone you know, has ever bought our taxi, you can not sue when our driver hits you”?

        “Buyer beware” is not an argument when this shit is buried in pages of dence leagle documents or in some case never presented to the end user (in the case of a things like appliance delivery, where the buyer never sees the documents included). Do you expect me to hire a lawyer to buy a washer machine, or to sign up for a free Disney+ trail? Speaking of Disney, how about that “allergy friendly” restuant that killed someone with allergies. Theae forced arbitration clauses are letting companies people get away with wrongful deaths. [https://www.law.cornell.edu/wex/implied_warranty_of_merchantability](implied warranty of merchantability). If the restaurant says their food does not contain an ingredient and they say the food prep is craefully done to ensure no cords contamination and someone dies because the ingredient was in the food - there’s a problem and justice needs to be upheld.

        Being a rebublicans or wanting “small goverment” has nothing to do with this. Yes too much gov intervention is bad, but with out it we’d still be eating rats in our hamburgers.

        Don’t bring abritarty sides into a problem when people are dying and no one is getting held accountable.

    • tabular@lemmy.worldEnglish
      0·
      1 month ago

      We promise we won’t do anything illegal and worth suing us over, so just waive your right to sue us!

      This is a massive oversight in a country’s code of law.

        • tabular@lemmy.worldEnglish
          0·
          1 month ago

          Preventing others from bringing you to justice via lawsuits implies to me they intend to do something illegal to them.

          You could be charitable and say arbitration is a cost saving mechanism for lawsuits you successfully defend yourself from (the loser doesn’t pay your legal fees in some countries).