Another company denies its customers the right to sue due to severe consequences, citing a license agreement. Last time it was Disney, now it’s Uber.
John and Georgia McGinty, a couple from New Jersey, were riding in an Uber taxi in March 2022 and got into an accident. Both survived, but Georgia spent a week in the intensive care unit with a fractured spine and abdominal injury, while John suffered «only» broken breastbones and an arm injury. When the McGintys tried to sue, the judge refused because they had allegedly agreed to arbitration clauses in Uber’s terms of use when their minor daughter ordered a pizza through Uber Eats.
«We believe that the arbitration provision contained in the agreement at issue, to which Georgia or her minor daughter agreed by using her cell phone, is valid and enforceable».
«How could I have ever thought that my ability to protect my constitutional rights to a trial would be destroyed if I ordered food?», — John says.
«We are appalled by the court’s decision: a large corporation like Uber can avoid being sued by injured consumers because contractual language is buried in a ten-page user agreement for services unrelated to the one that caused the consumer’s injuries. … The content, format and presentation — dozens of pages on an iPhone screen while ordering food — do not allow anyone to understand what rights they are potentially giving up or how serious the consequences could be,» McGinty said.
Arbitration does not mean that spouses will be left with nothing. However, it is a more unpredictable process that often favors large corporations. The rules of evidence are much more lenient, and victims cannot appeal the arbitrator’s decision. There is no way of knowing whether the arbitrator will award them enough money to cover the significant medical debt they have accumulated while recovering from their injuries.
The situation is familiar: previously Disney tried to dismiss a death claim from an allergic reaction to food at a Disney World restaurant. The company claimed that the lawsuit was impossible due to the similar conditions of Disney+ service. However, Disney changed its position due to the publicity in the press. Journalists of various publications express hope that this case will also force Uber to give in.
Sources: Jalopnik, Independent, BBC