Question
Say a man purchases a handheld saw. He reads one page of the manual and disregards the rest. while using the saw the blade he
Say a man purchases a handheld saw. He reads one page of the manual and disregards the rest. while using the saw the blade he cuts himself and goes to the E.R. He leaves it plugged in. The saw catches fire and his house burns to the ground. He contacts his attorney and says he wants to sue for injuries and loss, which exceed over 200,000 in value of the house alone (unfortunately, the insurance he purchased does not cover this loss). After reviewing the instruction manual to make sure that he did attach and use the saw correctly, on page 2, there is mandatory arbitration agreement which states:
All claims and disputes arising under this Agreement are to be settled by binding arbitration. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration clause limits loss of the value to that of the saw. Is this enforceable or can he sue for the damages?
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