Uber says couples can’t sue after ‘life-changing’ crash

A couple left with life-changing injuries after an Uber crash have been told they cannot sue the company because of the terms it accepts when using the app.

Georgia and John McGinty, from New Jersey, US, were arrested under a clause that said they could not take the case to a court of law.

Federal judges ruled that they clicked the app’s “verify” button more than once when asked if they agreed to Uber’s terms of use.

The McGintys said they did not understand that they were forfeiting their right to sue the company.

They told the BBC that the latest agreed-upon time was when their daughter, then 12, welcomed them before ordering a pizza from Uber Eats.

“How could I even remotely imagine that my ability to defend my constitutional rights at trial would be abrogated by the fact that I ordered food?” said Mrs. McGinty.

Uber told BBC News: “Our Terms of Use are clear that these types of claims must be resolved through arbitration. It is important to highlight that the court concluded the claimant herself, not her daughter, agreed to Uber’s Terms of Use on multiple occasions.”

Arbitration means that the dispute is resolved by someone else instead of a court – in this case a lawyer appointed by Uber.

Legal experts say it often leads to a lower settlement.

The lawsuit is similar to Disney’s attempt to avoid being sued over the death of Disney World – in its lawsuit over the terms of Disney + membership – before the company changes its mind.

In March 2022, Georgia and John McGinty were riding in an Uber in New Jersey when it crashed, and they suffered serious injuries.

Mrs McGinty’s injuries included a fractured spine and blunt force trauma to her abdominal wall.

“I was in intensive care for a week,” he told the BBC.

“I had a terrible illness after the operation and I almost died at this time, I could not take care of my child who was suffering from unrelated injuries,” she said.

John broke his hip and injured his hand.

“I broke my wrist, I broke my hand, I have a 9-pin iron. I can’t use my left hand fully,” he said.

“I feel pain every day.”

He added that they have “accumulated a huge medical bill” and still need more treatment in the future, including a possible third surgery for Georgia.

The couple tried to sue Uber over the accident, citing the Seventh Amendment to the US Constitution, which gives people the right to a trial by jury.

But the tech company argued that the couple could not take the case before a judge because of the clause. Uber US Terms of Use.

The New Jersey Supreme Court agreed.

“We believe that the arbitration clause contained in the revised agreement, Georgia or her young daughter, while using the cell phone they agreed to, is valid and enforceable,” said their judgment.

The decision found that the child had pressed the button claiming to be 18 years old even though he was not.

Referring to her daughter’s use of Uber Eats, Mrs. McGinty says that she does not know how it can be considered that “she authorized my child to waive our right to go to court if we are injured in a car accident. ”

“I don’t know how anyone makes that jump,” he said.

Arbitration clauses are “very common,” especially when you’re dealing with large companies, says Ted Spaulding, a Georgia-based personal injury attorney.

An arbitrator is “usually a lawyer who does this for a living,” he said, “who can act like a judge and a jury”.

They decide on the outcome after weighing the arguments on both sides, and their money is usually divided between the two sides.

In the US, the enforcement of arbitration clauses varies by state.

In its case, Disney used the arbitration clause in their terms to argue that a man who lost his wife at Disney World could not sue them in a court of law.

Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife, Dr. Kanokporn Tangsuan, died following a food allergy at a restaurant, owned by a third party, at Disney World Florida in 2023.

Disney said Mr. Piccolo waived his right to a trial when he signed up for a free Disney+ trial in 2019.

Disney later dropped its arbitration claim and chose to proceed with a jury trial after media coverage of the case.

“We believe that this situation requires a serious approach to speed up resolution for the family that has suffered a tragic loss,” Disney CEO Josh D’Amaro told the BBC in a statement in August.

Mr Spaulding says: “The law basically says, ‘Look, you have a duty to know what you’re signing up for’,” referring to the terms and conditions people usually accept when using a product or service.

However, he says “the scope should be within the transaction you are comfortable with”.

Georgia and John McGinty say the Uber case has been “very traumatic” for their family.

Georgia says their daughter, now 14, was “very traumatized by it”.

He had a different life problem that he was dealing with at the time, which his parents were finding it difficult to help him with while hurting themselves.

“Years of his life and his parents… were taken away,” he says.

“Fortunately, he is a fighter like his parents,” said John.

“We teach him suffering and strength with his family and prayer and strength.”

Uber told BBC News: “The court concluded that in most cases the plaintiff himself agreed to Uber’s Terms of Service, including the arbitration agreement.”

The company added: “We are committed to road safety.”