Uber terms mean couple can’t sue after ‘life-changing’ accident

A couple seriously injured after an Uber crash have been told they cannot sue the company because of the terms they accepted while using the app.

Georgia and John McGinty, from New Jersey, USA, are bound by a clause that says they cannot take the case to a jury in court.

State judges ruled that they repeatedly clicked the “confirm” button on the app when asked whether they agreed to Uber’s terms of use.

The McGintys claim they did not understand that they were losing their right to sue the company.

They told the BBC that the last time terms were agreed was when their daughter, then 12, accepted them before ordering a pizza on Uber Eats.

“How could I remotely think that my ability to defend my constitutional rights to a trial would be waived when I ordered food?” said Mrs. McGinty.

Uber told BBC News: “Our terms of use state that these types of claims must be resolved by arbitration. It’s important to highlight that the court concluded that it was the plaintiff, not her daughter, agreed to Uber’s Terms of Use multiple times.”

Arbitration means that the dispute is resolved through a third party rather than in court – in this case, an attorney appointed by Uber.

Legal experts say it tends to result in smaller financial settlements.

The case parallels Disney’s efforts to avoid being sued over deaths at Disney World – which in its case involved the terms of a Disney+ membership – before the company changes its decision.

In March 2022, Georgia and John McGinty were driving an Uber in New Jersey when it crashed and they were seriously injured.

Ms McGinty’s injuries included spinal fractures and abdominal wall injuries.

She told the BBC: “I was in intensive care for a week.

“I had a terrible post-operative infection and almost died during this time,” she said. I can’t take care of my child because he has an unrelated injury.”

John suffered a broken sternum and an injured hand.

“I had a broken wrist, a broken arm and a steel bar with about nine staples in it. My left hand no longer functions fully,” he said.

“I’m in pain every day.”

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

The couple attempted to sue Uber over the accident, invoking the Seventh Amendment of the US Constitution, which grants people the right to a trial by jury.

But the tech company argued that the couple could not take the case before a jury because of a clause in the Uber United States Terms of Use.

The Supreme Court of New Jersey agreed.

“We hold that the arbitration clause contained in the agreement under consideration to which Georgia or her minor daughter agreed while using the cell phone is valid and enforceable,” the court ruling said. can do it”.

The verdict found that the child had pressed a button to say he was 18 years old even though he was not.

Referring to her daughter’s use of Uber Eats, Ms McGinty said she did not know how it could be right that she was deemed to have “authorized my child to waive her right to attend trial if we were injured in a car accident.”

“I don’t know how anyone makes that leap,” she said.

Ted Spaulding, a personal injury attorney based in Georgia, said arbitration clauses are “very common,” especially when dealing with large corporations.

Arbitrators, he said, are “usually lawyers who do this for a living” who can “act as judge and jury.”

They decide the outcome after considering the arguments of both sides, and their fees are usually split between both sides.

In the United States, the enforceability of arbitration clauses varies from state to state.

IN its case, Disney used an arbitration clause in their terms to argue that a man whose wife died at Disney World could not sue them in court.

Jeffrey Piccolo filed a wrongful death lawsuit against Disney after his wife, Dr. Kanokporn Tangsuan, died from an allergic reaction at a restaurant operated by a third party at Disney World Florida in 2023.

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

Disney later withdrew its demand for arbitration and elected to proceed with a jury trial after media coverage of the lawsuit.

Disney CEO Josh D’Amaro told the BBC in a statement in August: “We believe this situation requires a sensitive approach to expedite resolution for the family who has experienced a painful loss.” such pain”.

“The law can be loosely understood as ‘Look, you have an obligation to know what you’re signing,'” Mr. Spaulding said, referring to the terms and conditions that people typically accept when using use a product or service.

However, he said “the scope has to be within the transaction you agree to”.

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

Georgia said their daughter, now 14, “has suffered a lot”.

She had a separate physical health issue that she was going through at the time, which her parents found difficult to help as they were going through their own injuries.

“Her years of living with her parents… were taken away from her,” she said.

“Fortunately, she is a fighter, just like her parents,” John said.

“We are unintentionally teaching her about adversity, strength, family, prayer and resilience.”

Uber told BBC News: “The court concluded that in many cases, the plaintiffs themselves agreed to Uber’s Terms of Use, including the arbitration agreement.”

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