Uber EULA precludes jury trial: Difference between revisions

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A ~~New~~ Jersey couple who was injured while taking a ride they arranged through [[Uber]] was found to be legally precluded from litigation because of a clause in Uber's [[terms of service]] that requires waiver of any right to a jury trial. Instead, they were required to submit to [[Forced arbitration|binding arbitration]].

{{IncidentCargo

|Company=Uber

|StartDate=

|EndDate=

|Status=Resolved

|ProductLine=

|Product=

|ArticleType=Service, Product

|Type=EULA, Terms of Service

|Description=Uber's arbitration clause was upheld in court in a case where Uber riders involved in a car crash attempted to sue for damages.

}}

A new Jersey couple who was injured while taking a ride they arranged through [[Uber]] was found to be legally precluded from litigation because of a clause in Uber's [[terms of service]] that requires waiver of any right to a jury trial. Instead, they were required to submit to [[Forced arbitration|binding arbitration]].

==Background==

On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion).</ref> The driver of their car ran a red light and hit another vehicle. As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" /> The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>

On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion). ([http://web.archive.org/web/20251016144210/https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf Archived])</ref> The driver of their car ran a red light and hit another vehicle. As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" /><ref>{{Cite web |title=Terms mean couple can’t sue after ‘life-changing’ crash |url=https://www.bbc.co.uk/news/articles/cwy9j8ldp0lo |archive-url=http://web.archive.org/web/20241009012906/https://www.bbc.co.uk/news/articles/cwy9j8ldp0lo |archive-date=9 Oct 2024|website=BBC}}</ref> The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>

===Uber's terms of service===

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You and Uber agree that any dispute, claim or controversy in any way arising out of or relating to… (ii) your access to or use of the Services at any time, [or] (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services… will be settled by binding arbitration between you and Uber, and not in a court of law.</blockquote>

==Trial-court proceedings==

== Trial-court proceedings ==

Uber moved to dismiss the complaint and to compel arbitration, arguing that the McGintys had agreed to Uber's terms of use, and that it contained a provision whereby the McGintys had agreed to arbitration in lieu of filing suit.<ref name="coa" /> Specifically, Uber alleged that the McGintys had confirmed their agreement to Uber's terms of service using the Uber Eats app on two occasions: (1) initially on April 1, 2021, and then (2) again on January 8, 2022, when those terms were revised. The McGintys responded by saying that they had no recollection of agreeing to Uber's new terms on January 8, 2022. Instead, they suggested that their daughter had used the app and may have agreed instead.

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==References==

[[Category:Incidents]]

[[Category:Lawsuits]]

[[Category:Articles based on videos]]

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-A New Jersey couple who was injured while taking a ride they arranged through [[Uber]] was found to be legally precluded from litigation because of a clause in Uber's [[terms of service]] that requires waiver of any right to a jury trial. Instead, they were required to submit to [[Forced arbitration|binding arbitration]].
+{{IncidentCargo
+|Company=Uber
+|StartDate=
+|EndDate=
+|Status=Resolved
+|ProductLine=
+|Product=
+|ArticleType=Service, Product
+|Type=EULA, Terms of Service
+|Description=Uber's arbitration clause was upheld in court in a case where Uber riders involved in a car crash attempted to sue for damages.
+}}
+A new Jersey couple who was injured while taking a ride they arranged through [[Uber]] was found to be legally precluded from litigation because of a clause in Uber's [[terms of service]] that requires waiver of any right to a jury trial. Instead, they were required to submit to [[Forced arbitration|binding arbitration]].
 ==Background==
-On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion).</ref> The driver of their car ran a red light and hit another vehicle.  As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" />  The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>
+On March 31, 2022, Georgia McGinty and her husband, John McGinty, hailed a ride through the ride-sharing app Uber.<ref name="coa">[https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf ''McGinty v. Uber Technologies, Inc.''], Docket No. A-1368-23 (Superior Court of New Jersey, Appellate Division, September 20, 2024) (unpublished opinion). ([http://web.archive.org/web/20251016144210/https://www.njcourts.gov/system/files/court-opinions/2024/a1368-23.pdf Archived])</ref> The driver of their car ran a red light and hit another vehicle.  As a result, the couple sustained "serious physical, psychological, and financial damages".<ref name="coa" /><ref>{{Cite web |title=Terms mean couple can’t sue after ‘life-changing’ crash |url=https://www.bbc.co.uk/news/articles/cwy9j8ldp0lo |archive-url=http://web.archive.org/web/20241009012906/https://www.bbc.co.uk/news/articles/cwy9j8ldp0lo |archive-date=9 Oct 2024|website=BBC}}</ref>   The McGintys filed suit on February 23, 2023, naming Uber and one of its subsidiaries as defendants.<ref group="footnotes">The couple also named the driver they had hired, the driver of the other car involved, and the owner of that vehicle. Those claims, however, were not governed by Uber's terms of service.</ref>
 ===Uber's terms of service===
@@ Line 12: / Line 23: @@
 You and Uber agree that any dispute, claim or controversy in any way arising out of or relating to… (ii) your access to or use of the Services at any time, [or] (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services… will be settled by binding arbitration between you and Uber, and not in a court of law.</blockquote>
+==Trial-court proceedings==
-== Trial-court proceedings ==
 Uber moved to dismiss the complaint and to compel arbitration, arguing that the McGintys had agreed to Uber's terms of use, and that it contained a provision whereby the McGintys had agreed to arbitration in lieu of filing suit.<ref name="coa" /> Specifically, Uber alleged that the McGintys had confirmed their agreement to Uber's terms of service using the Uber Eats app on two occasions: (1) initially on April 1, 2021, and then (2) again on January 8, 2022, when those terms were revised. The McGintys responded by saying that they had no recollection of agreeing to Uber's new terms on January 8, 2022. Instead, they suggested that their daughter had used the app and may have agreed instead.
@@ Line 48: / Line 58: @@
 ==References==
 <references />
+[[Category:Incidents]]
+[[Category:Lawsuits]]
+[[Category:Articles based on videos]]