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Arbitration clauses should be illegal
I can understand that some activities or services are inherently risky and you shouldn’t be allowed to sue when you’re made aware of the risks - for example, suing a climbing gear company because it breaks when you don’t know how to use it and you become paralyzed.
But no sane world should allow someone to be exempt from accountability after they OPENLY acknowledge that they might be negligent, and that negligence may cause your death, just because you sign a piece of paper
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I’m assuming every party is honest in this context. If you just began climbing, and you decide to buy gear and attempt a difficult climb without the proper knowledge and experience
While there are riskier activities, I can’t think of any that are immune to being made more dangerous by companies doing the wrong thing
There are also just stupid people. If you do everything right, and the guy you’re supervising decided to pull out his phone for a selfie or something and a breeze blows him off the mountain, I don’t think the employee/company should be responsible
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How else do you test this claim (that you didn’t know how to use it) otherwise though?
Perhaps in a perfect world, all organizations intending to have a risk clause (for safety, not profit of course) would need to provide licensing and testing first?
Like say there’s the Hexbear Skydivers Club. The HSC would have to have standards for certification under the Fully Automated Luxury Gay Space Communism safety guidelines, and hand these certs out to people who have done enough practice.
If someone without these certs goes splat on their own, it would likely be investigated as a tragic accident. But if someone with those certs goes splat, then there’s a full investigation, and worlds_okayest_mech_pilot, the dunce that approved the comrade to skydive, is liable for punishment.
Just my random sleepy input lol
Most places require that you take a course on how to do lead-climbing before allowing you to use the gear. Or they require that you can prove you’ve already taken such a course.
It’s like with diving in that way.That doesn’t mean there’s anything stopping you from buying gear and just going out, but I feel like the “proof” would then be that it is broadly expected that you’ve taken a course and you didn’t, which “proves” your lack of knowledge. With this “proof” it would probably be assumed that the accident was user error, rather than faulty equipment.
I don’t know how solid a contract would have to be to protect against negligence especially if it is in some excess of standard practice. For a lot of stuff there are liability waivers but even those aren’t bulletproof
NAL, Contracts can’t offer full protection from liability, that is a layman myth. What it can do is insulate the party from some level of liability. This is usually calculated as a percentage (the amount of which is determined in different regions different ways through years of previous judgements). Basically, it can reduce your percentage of liability, which in different states can offer different things. In some states, it can mitigate claimed damages, in others it can ‘nearly’ void liability, but it depends on how ‘cause’ is defined (in some states it has to be 100% in others 50-50 is enough to seek damages).
This feels like a scenario where the probably right wing judge would want to side with the corporation but their argument is so insulting he’s forced to do the right thing. ALAB episode is gonna be a banger.
ALAB?
Cool! Looks very interesting, do you have an episode which you’d recommend a new listener be their first?
I’ve never actually listened to it I just knew what they were referencing. Might give it a go tomorrow because my podcast trough has been getting low this week.
Are you in need of podcast recommendations? If so let me know what type you like
Not who you responded to, but what’s your most radical rec (rad as in actual extremists speaking into a mic)? I’m tired of pods made by libs. I want to feel like a liberal listening to chapo for the first time.
I sadly dont know any really radical stuff, but Blowback is pretty up there.
There’s also Eat The Rich where at least one of the hosts used to be houseless, which has made them madder than most https://archive.org/details/Ep-001-Waltons-Re-release.m4a they’re sort of like if Behind The Bastards wasn’t made by a fed.
Ghost stories for the end of the world is also relatively leftist for the most time, but it won’t get you feeling like you’re a lib sadly, and they have some libs on too. There’s also not a lot of radicalism in it.
None of these are truly radical though, but it’s the best I’ve got. There’s also the Chapo series Hell of Presidents and Hell on Earth that are pretty leftist, though not radical.
Its not surprising though, most radical leftists are busy doing other stuff rather than producing podcasts. Or they’re wanted by the state, so they can’t really make themRevolutionary Left Radio?
My listen on release pods are QAA. Chapo and Some Even More News, second string are usually history stuff like the Dollop and Respect the Dead, if you got anything similar to Blowback I’d be real interested.
anything similar to Blowback
Kind of a leap but: the Anti Empire Project with Justin Podur has a few recurring history series covering a world civilizations overview, colonization and the scramble for Africa, and the politics in Europe in the lead up to WW1 iirc. The hosts are cool and just some big old nerd ass academics (compliment). It’s less well produced than blowback for sure, but they do a lot of research for each episode usually and can get really in depth on a topic.
There’s a sanctions series that’s good. Otherwise just pick one based on what you’re interested in, there aren’t actually that many episodes
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Isn’t there some law about how terms and conditions don’t actually matter? I remember reading somewhere that anything out of ordinary stuff in a contract isn’t considered valid, because we can’t expect laypeople to read pages and pages of legalistic mumbo jumbo, especially not when they would have to do it so often for all the products we all have to have (near every time something updates, you get new ToS)
In this case the arbitration clause is likely part of that ordinary stuff in a contract, Disney is just misusing it to a wild degree
If we made :disney-cool: would that get hexbear sued?
Nah, just use steamboat willie
They know it’s brazen but it works often enough that they do it anyway, especially versus the average person with no lawyer money. Bummer for them that they murdered a doctor lol
Real neofeudalism hours
This is just ordinary capitalism with humanism paint peeling off.
Piracy stays winning
When reached out for comment the woman could not be found as she has been taken, under the ToS, to be part of the Live Action Cast as part of the Disney Bio Imagineer customer experience program.
its happening!Wtf?
