Couple involved in serious Uber accident can’t sue over an Uber Eats order

new York
CNN
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A New Jersey couple who had a serious accident during an Uber ride cannot sue the company because they and their daughter agreed to arbitration when they accepted the terms of service for a separate Uber Eats order, a court has ruled .

John McGinty and Georgia McGinty were in the back seat of an Uber ride in March 2022 when the driver ran a red light at high speed and was struck by another car, causing “serious physical, psychological and financial harm,” it says it in a file.

Georgia suffered multiple fractures throughout her body, including neck, lumbar, spine and rib fractures, as well as other physical injuries that required surgeries and other procedures. John now has limited use of his left wrist and has a broken sternum.

They tried to sue Uber in court, but an appeals court recently ruled that they couldn’t because they had previously agreed to Uber’s updated terms and conditions, which require arbitration and are also the same in the Uber Eats and Uber Ride apps are.

The couple said it was their underage daughter who used Georgia’s phone and agreed to Uber Eats’ terms of service by clicking a button confirming she was 18, but an appeals court said the terms of the company are “valid and enforceable” and that they include: an acknowledgment that “auto accident or personal injury disputes will be resolved through binding arbitration, rather than in court.”

In response, Uber told CNN that Georgia McGinty “has agreed to Uber’s terms of service, including the arbitration agreement, on multiple occasions,” including in early 2021, and has provided Uber rides after agreeing to those terms.

“While the plaintiffs continue to tell the press that it was their daughter who ordered Uber Eats and accepted the terms of service, it is worth noting that in court they could only “guess” that this was the case, but could not remember whether “her daughter.” “I ordered food on my own or when Georgia helped,” said an Uber spokesperson.

The McGintys said in a statement to CNN that they were “surprised and heartbroken” and that the appeals court’s decision had “compounded the pain and suffering we have experienced since the collision.”

“We are horrified by what the court’s decision suggests: a large corporation like Uber can avoid being taken to court by injured consumers because contractual texts that concern services that have nothing to do with the service agreement are hidden in a user agreement that is a dozen pages long “The cause has to do with consumer injuries,” the McGintys said.

Before this latest ruling in September, a lower court said Uber’s arbitration clause was unenforceable because the terms of service pop-up “failed.”[ed] to inform the plaintiff clearly and unequivocally of her waiver of the right to assert her claims before a court.”

Uber appealed that decision and the judges agreed with the company that its terms of service were enforceable.

McGinty’s lawyers told CNN they are reviewing the decision and “likely” will file a motion with the New Jersey Supreme Court.

It’s the latest case to highlight the complexities of terms of service with binding arbitration agreements that users agree to with many companies. In August, Disney changed course on a dispute over terms of use in a wrongful death lawsuit filed by the widower of a woman who died after eating at a resort restaurant, saying the matter could now go to trial .

In the lawsuit, plaintiff Jeffrey Piccolo alleged that his late wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she ate at a park restaurant in 2023. It is in arbitration, meaning the case will not go to a jury or is taken to court in some other way.

Disney’s argument was that years ago, when Piccolo signed up for a trial of Disney+, it had allegedly entered into a subscriber agreement that required users to arbitrate any disputes with the company. However, the company changed its position.

“At Disney, we strive to put humanity above all other considerations. “Given such unique circumstances as this case, we believe this situation requires a sensitive approach to expedite resolution for the family who has suffered such a painful loss,” said Josh D’Amaro, chairman of Disney Experiences, in an earlier statement statement.