Anyone seriously injured in an Uber accident cannot sue the company because their underage daughter ordered a pizza

Another company denies its customers the right to sue for serious consequences, citing a licensing 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 had an accident. Both survived, but Georgia was in intensive care for a week with a fractured spine and an abdominal injury, while John “only” suffered a broken sternum and an arm injury. When the McGintys tried to sue, the judge refused because they allegedly agreed to arbitration clauses in Uber’s terms of service 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 consented through use of her cell phone, is valid and enforceable.”

Arbitration does not mean that the spouses are left with nothing. However, it is a more unpredictable process that often favors large companies. The rules of evidence are much more lenient and victims cannot appeal the arbitrator’s decision. There is no way to know whether the arbitrator will award them enough money to pay off the significant medical debt they have accumulated while recovering from their injuries.

The situation is well known: Disney had previously tried to dismiss a death lawsuit over an allergic reaction to food at a Disney World restaurant. The company claimed the lawsuit was impossible due to the similar terms of the Disney+ service. However, due to press publicity, Disney changed its position. Journalists from various publications express the hope that this case will also force Uber to give in.

Sources: Jalopnik, Independent, BBC