Cautionary tale for DJI replacement service.

[GadgetGuy]

Nearly every company, venue, resort park, etc has liability protection in their terms. And yet many people injured by these same entities (not just physical injuries) litigate and win settlements against them. Are you suggesting DJI has a magical shield?

Against class action lawsuits, yes. It's not magical. It's contractual. Besides, what are you going to collect from? They no longer do business in the U.S., and have no assets here.

 

[anotherlab]

Nearly every company, venue, resort park, etc has liability protection in their terms. And yet many people injured by these same entities (not just physical injuries) litigate and win settlements against them. Are you suggesting DJI has a magical shield?

Not a "Magic Shield", but a legally enforceable contract. When you install the DJI Fly app, you'll agree to something that is either the following, or something close to it

These Terms provide that all disputes between you and DJI will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO [GO] TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.

and

In the interest of resolving disputes between you and DJI in the most expedient and cost effective manner, you and DJI agree that every dispute arising in connection with these terms will be resolved by binding arbitration. . . . This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND DJI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

There can be ways around it, such as the age of the drone owner and jurisdiction. In Texas, a minor was injured by his DJI drone and was blinded in one eye. His parents sued DJI, asserting various product liability and negligence causes of action against DJI. DJI filed a motion to compel arbitration based on the Terms of Use.

The court found that because the drone owner was a minor, his acceptance of the Terms of Use was not valid. He was not bound by the arbitration clauses of the Terms of Use, and DJI's motion to compel arbitration was denied by the court. You can read the full court order here: https://law.justia.com/cases/federal/district-courts/texas/txedce/4:2024cv00268/228932/83/

But if you agreed to the Terms of Use and it's considered a valid agreement, then you're required to use binding arbitration to resolve any legal disputes.