Brenna Cooper
A court in the US has ruled that a couple who suffered life-changing injuries after a crash are unable to sue after agreeing to the company's terms and conditions.
In March 2022, couple John and Georgia McGinty, from New Jersey, USA, were riding in an Uber when the driver ran through a red light, leading to a 'T-bone collision' with another vehicle.
The car crash caused the couple to suffer extensive injuries, with Georgia sustaining cervical, lumbar, spine and rib fractures as well as traumatic injuries to her abdominal wall. Meanwhile, John had suffered a fractured sternum and multiple injuries to his left wrist.
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However, the couple have now been dealt another devastating blow after learning that they would be unable to sue the company after agreeing to arbitration clauses when accepting the terms of service for Uber Eats. They had been hoping to sue for 'physical, psychological, and financial damages'.
Accepting an arbitration clause means that you agree to waive your rights to a trial and instead agree to settle the dispute outside of court, via a neutral third party.
The McGinty's had hoped to take the company to a jury trial but a court has since ruled that pressing the 'confirm' button on the app meant they had agreed to the terms of service, which includes arbitration. However, the couple argued that they were unaware about the arbitration clause and that orders on their account had been made by their minor daughter using Georgia's phone.
A court had initially sided with the couple in November 2023, however, a subsequent appeal by Uber has seen the case overruled. The couple's attorney, Mike Shapiro, has since said it is 'likely' they will petition the state's supreme court on the matter.
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"We are horrified at what the court's decision suggests: A large corporation like Uber can avoid being sued in a court of law by injured consumers because of contractual language buried in a dozen-page-long user agreement concerning services unrelated to the one that caused the consumers' injuries," the McGinty's said of the ruling in an interview with CNN.
However, a spokesperson for Uber has since added the couple had 'agreed to Uber’s terms of use' on multiple occasions.
"Our Terms of Use are clear that these types of claims should be resolved in arbitration," Uber said in a statement (via the BBC).
"It’s important to highlight that the court concluded the plaintiff herself, not her daughter, agreed to Uber's Terms of Use on multiple occasions."
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They added: "The court concluded that on multiple occasions the plaintiff herself agreed to Uber's Terms of Use, including the arbitration agreement.
"We are dedicated to road safety.
LADbible Group has approached Uber for further comment.