Some contractual agreements--between landlords and tenants, employer and employee contracts, or in a nursing home residential agreement--will include an arbitration agreement which is intended to determine how a case should be resolved in the event of a dispute. Mandatory arbitration clauses have been criticized for limiting a victims' right to seek redress in a court. In some cases, an arbitration clause will also identify a predetermined arbiter, who already knows the contracting defendant. The results can be unfair and unfavorable to plaintiffs who have been wronged.
In a recent case, the U.S. Supreme Court has allowed a woman to proceed with a wrongful death lawsuit against a nursing home, despite an arbitration agreement she signed on behalf of her sister. After her court case was denied at the state level, the plaintiff brought her case to the Supreme Court. According to reports, the plaintiff is allowed to proceed with the wrongful death case, even after signing an arbitration agreement and financial documents on behalf of her sister who resided at a care facility in Florence, South Carolina. The plaintiff filed a wrongful death lawsuit after her sister died under the care of the nursing home.