Arbitration Provision Shifting All Costs to Resident, Win or Lose, Is Unenforceable

August 10, 2020 | Aging Services Risk Management


In a case stemming from the attack on one assisted-living resident by another, the Court of Appeals of Arizona, Division One, has found that a provision in an arbitration agreement shifting all arbitration costs to the resident, regardless of whether she won or lost, was unenforceable. However, that provision could be severed from the arbitration agreement, which could be then be enforced without that provision, the appellate court held. Thus, the appellate court remanded...

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