Recently the Washington State Court of Appeals issued an opinion that affirms that Washington law does not prohibit arbitration agreements between long-term care providers and residents, and if any state statute or rule imposed such a prohibition it would be unenforceable. In 2019 the practice of arbitration agreements was brought into question when a long-term care facility resident filed a wrongful death lawsuit. The lower court judge sided with the plaintiff and ruled that RCW 70.129.105 prohibited assisted living facilities in Washington from requesting a resident to waive the right to a jury trial by signing an arbitration agreement. The facility appealed this decision.  The Court of Appeals overturned the lower court’s decision and held that “RCW 70.129.005, that ensures residents in long term care facilities retain their basic civil and legal rights does not specifically grant any right to a jury trial.  Therefore, this statute cannot be used as a basis to argue that arbitration agreements violate the right to a jury trial and are also not contrary to RCW 70.129.105 which prohibits asking a resident to waive recovery against losses of personal property or injury under.  The court went on to recognize that arbitration is a favored approach to resolving disputes between parties for a number of sound reasons.  Read the published decision here. 

We appreciate the parties who participated in appealing the decision of the lower court, including Lane Powell the attorneys representing the defendant in this action.  The Court of Appeals decision protects the important right of parties to timely and cost effectively resolve disputes using the informal procedures offered through arbitration agreements. 

Questions?

Contact:

Sincerely,

Alyssa Odegaard – Vice President, Public Policy 
c: 206-948-2279