Friday, October 2, 2015

Atlantis Resort -- Luxury Playground, or Sinister Clause Creator?


Just how dangerous is Atlantis' famed river ride inner tube experience?

Just ask all-star PI legal team Bob Parks and Gary Fox.

Pretty bad:
Plaintiffs Cory Cleveland (“Mr. Cleveland”) and Ann Cleveland (“Mrs. Cleveland”), residents of Illinois, vacationed with their family at the Atlantis Paradise Island Resort (“Atlantis”) in The Bahamas in January 2014. [ECF No. 1 at ¶¶ 2 & 34]. On or about January 10, 2014, Mr. Cleveland was involved in an accident while riding in an inner tube on a river ride at Atlantis. [Id. at ¶¶ 34–38]. As a result of the accident, Mr. Cleveland collided with the concrete, landed on his head, and suffered injuries to his head, neck, and body, for which he has required extensive medical treatment.
But Judge Gayles says there's this legal doctrine using a fancy dead First World language that apparently means something when you file a suit here involving an injury in the Bahamas:
Additionally, by signing the Agreement at check-in, Mr. and Mrs. Cleveland indicated that they read and agreed to the forum-selection clause in the fourth paragraph. See McArthur, 607 Fed. App’x at 848. Mr. and Mrs. Cleveland could have rejected the forum-selection clause before check-in—by not proceeding with their vacation at Atlantis—or at check-in by rejecting the specific terms in the Agreement.4 Accordingly,the Court concludes that the forum-selection clause here is valid and enforceable.
Oh sure.

In the real world, after booking rooms that cannot be cancelled the day of check-in, making arrangements to watch the house and pets, taking precious time off of work, paying for and completing an expensive and grueling flight from Chicago that undoubtedly had all the modern accouterments of 2015 air travel, checking in through customs, then the hour-long drive to Paradise Island, I'm sure any reasonable traveler would simply reject the forum-selection clause at check in and -- viola -- they're living large in the River of Dreams!

In what alternate universe does that happen again?

Happy Friday plebes!

3 comments:

Anonymous said...

They should have stayed at the Graycliff.

P. Guyotat said...

Never before seen an order granting a motion to dismiss for FNC that directs the plaintiffs to re-file in the alternative forum within a certain time period. That strikes me as highly problematic.

Anonymous said...

Happy Friday SFL!!!