A Florida appellate court held that a voluntary arbitration agreement between a nursing home and its resident was valid, even though the agreement waived access to the courts to resolve claims arising under Florida's Nursing Home Residents Act.

In Slusser el rex. Slusser v. Life Care Centers of America, Inc., No. 4D07-2906, 2008 WL 441644 (Fla. Dist. Ct. App. Feb. 20, 2008), Slusser checked herself into Life Care nursing home. As part of the admissions process, Slusser entered into an arbitration agreement with Life Care.

During her stay at Life Care, Slusser was injured and later sued Life Care for negligence. In response, Life Care moved to compel arbitration under the terms of the arbitration agreement. The lower court granted Life Care's motion.

On appeal, Slusser argued that the arbitration agreement was unconscionable because it waived access to the courts for claims arising under Florida's Nursing Home Residents Act (the Act).

The Court rejected Slusser's argument and explained that an agreement which provides for arbitration of claims brought under the Act is not unconscionable simply because it waives access to the courts for claims brought under the Act. As the Court noted, if the legislature intended to stop parties from arbitrating claims under the Act, it would have created an express prohibition. The legislature did not do so.

Thus, the Court concluded that a voluntary waiver of access to the courts to resolve claims arising under the Act was valid, and affirmed the lower court's order compelling arbitration.