GUY WAS BOUND BY TERMS OF USE TO ARBITRATE PERSONAL-INJURY DISPUTE
After he was injured on an electric moped which allegedly malfunctioned, B.W. filed suit against the bike’s lessor, Revel Transit, Inc., (a Brooklyn-based electric mobility and infrastructure company), in New York County Supreme Court
When the company sought to compel arbitration, the judge assigned to the case sided with Revel, and stayed the action.
On appeal, the Appellate Division, First Department, was of the view that B.W. was bound by the terms of the governing "Revel Rental Agreement, Waiver of Liability, and Release," together with the "Terms of Use," which included a requirement that all disputes be arbitrated.
While the agreement was never “signed,” the AD1 didn’t think that made any difference, as B.W. acknowledged and acquiesced to the terms when he initially established an account with the company. Even though he may not have clicked on the pertinent hyperlinks or reviewed the documents in question, the appellate court was of the view that was of little import, as he was on “notice” of their existence and bound by their terms upon completing the account registration process.
Absent any proof that the agreement violated state law, the AD1 “unanimously affirmed” the underlying stay determination.
Think B.W.’s moping about that?
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