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Couple in a severe Uber crash can’t sue because of an Uber Eats order

alaskanseminole

HB Legend
Oct 20, 2002
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TL;DR Summary

In a recent ruling, a New Jersey couple, John and Georgia McGinty, who suffered severe injuries in an Uber crash, were denied the opportunity to sue the company. The court decided that they had agreed to arbitration under Uber's terms of service when placing a separate Uber Eats order, which includes a clause preventing them from pursuing legal action in court for incidents related to Uber services.

The incident occurred in March 2022 when their Uber driver ran a red light, resulting in a T-bone collision. Georgia sustained multiple fractures and John faced serious injuries, including a fractured sternum. The couple attempted to challenge Uber in court, but the appellate court upheld the enforceability of Uber's arbitration agreement, citing that the terms are binding even if accepted via an account created by their minor daughter.

Uber contended that Georgia had accepted the terms on several occasions prior to the incident, while the McGintys expressed dismay at the ruling, arguing that it allows corporations to evade accountability through complicated user agreements. Their attorneys are considering appealing to the New Jersey Supreme Court .

This case adds to ongoing discussions regarding the implications of arbitration clauses in service agreements, with another high-profile case involving Disney also highlighting similar concerns .

Full Article:
LINK: https://www.cnn.com/2024/10/02/business/uber-eats-accident-lawsuit/index.html
 
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Arbitration agreements should have to be agreed to separately...and stated in plain language.

"Access this service and you can't sue us or any of our affiliates under any circumstances, no matter what we do to you. Do you wish to continue?"

R.db12cd5416b80f34701a0834bfe8671f
Yes

R.db12cd5416b80f34701a0834bfe8671f
No
 
Disney did the same thing recently. IIRC someone was injured on a ride, but had signed an arbitration clause with their subscription to Disney+.

To be fair Disney waived that after the public backlash.

Although if you understand the case, Disney was probably not on the hook for very much. They didn't own the establishment in question, they just had something on their website about allergy free products being available. The owners of the establishment are on the hook for more.
 
Arbitration agreements should have to be agreed to separately...and stated in plain language.

"Access this service and you can't sue us or any of our affiliates under any circumstances, no matter what we do to you. Do you wish to continue?"

R.db12cd5416b80f34701a0834bfe8671f
Yes

R.db12cd5416b80f34701a0834bfe8671f
No
The whole things seems nuts...driver runs a red light and you can't sue because you previously ordered a samach?
 
Arbitration agreements should have to be agreed to separately...and stated in plain language.

"Access this service and you can't sue us or any of our affiliates under any circumstances, no matter what we do to you. Do you wish to continue?"

R.db12cd5416b80f34701a0834bfe8671f
Yes

R.db12cd5416b80f34701a0834bfe8671f
No

Arbitration agreements should only be applied to the transaction at hand.

I mean honestly congress could pass this bill right now saying that the courts should only interpret arbitration agreements to apply to the transaction by which they are agreed to.
 
The whole things seems nuts...driver runs a red light and you can't sue because you previously ordered a samach?

That's why we need a law either in all 50 states or federally that just says an arbitration agreement only applies to the transaction at hand when it's agreed to.

You can't sell someone one service and have that fact forever and for all time prevent them from filing suit against you no matter what happens.

Even if you read the service agreement and know about the arbitration clause, no reasonable person agreeing to that believes that the agreement applies forever and for all time and applies to any dispute even if it has nothing to do with the original agreement.

No one signing up for Disney plus even if they read the agreement thought that ment that if they go to Disney World and Mickey Mouse happens to be a violent lunatic and attacked them with a baseball bat that their Disney Plus subscription ment this has to go to arbitration.
 
Lawyers being lawyers,.. just another legal loophole that needs to be closed.
 
Lawyers being lawyers,.. just another legal loophole that needs to be closed.
It will. I believe there has been movement to try and close or limit this loophole. This was some legislation that didn't pass from last year.

 
It will. I believe there has been movement to try and close or limit this loophole. This was some legislation that didn't pass from last year.


I wonder if they could get Republicans on board though if they did what I suggested and make a law saying that arbitration agreements can only apply to the transaction for which they are agreed to does.

Listen I don't mind an arbitration agreement for my Disney Plus subscription because it's pretty low stakes. If I don't like what Disney is doing I just cancel the subscription and I've lost my monthly fee. I have a hard time seeing anything that would happen with regards to the Disney Plus subscription that would make it worth suing or going to arbitration over anyways.

But I don't think that applies if Donald Duck pushes me into the Seven Seas lagoon while I'm at Disney World and a gator bites me.
 
What exactly is wrong with arbitration? An arbitrator can award money, just like a judge or a jury can, and the entire process is faster, less expensive and more efficient for everyone.
 
What exactly is wrong with arbitration? An arbitrator can award money, just like a judge or a jury can, and the entire process is faster, less expensive and more efficient for everyone.
Yes and no. In many cases they are trying to avoid total liability or significant compensation. I believe there would be no punitive damages ect.
 
Thought this was a good video explaining the situation

I don't think restaurants should be on the hook for food allergies. If you suffer from severe food allergies, you shouldn't be eating in restaurants. Having worked in many restaurants when i was younger, I, like many experienced that restaurant kitchens are chaotic, so trusting them with your life isn't a good idea.
 
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