this post was submitted on 15 Aug 2024
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A Boring Dystopia
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Arbitration clauses must be made illegal
Or at least reasonable.
It's perfectly reasonable for, say, a tattoo artist not to be liable for the medical bills, if the ink causes a hitherto unknown allergy to kick in.
It's not reasonable to argue that a streaming service agreement covers liability for being cut in half by a train.
There has to be a reasonable understanding of the underlying risks that are covered. Some things are just inherently risky, and if the buyer knows and understands that, she can agree on taking that risk. Otherwise, no doctor would ever touch any patient ever again.
Your tattoo example doesn't make sense to me. The tattoo shop could require an agreement limiting liability without denying access to the courts.
Are you saying that it's reasonable to be allowed to waive your right to access the legal system when getting a tattoo but not when accessing streaming services?