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

A couple who suffered life-changing injuries after an Uber crash have been told they cannot sue the company because they accepted the terms when using the app.

Georgia and John McGinty, of New Jersey, are bound by a clause that prevents them from taking the case to a jury in court.

When asked whether they agreed to Uber’s terms of use, a state judge ruled they clicked the “confirm” button on the app more than once.

The McGintys argued they didn’t understand they were giving up their right to sue the company.

They told the BBC the most recent time they agreed to the terms was when their 12-year-old daughter accepted them before ordering a pizza on Uber Eats.

“How could I think that by ordering food I would be giving up my ability to protect my constitutional right to a trial?” Mrs. McGinty said.

Uber told BBC News: “Our terms of use clearly state that such claims shall be resolved through arbitration. It is important to emphasize that the court concluded that the plaintiff, not her daughter, repeatedly agreed to Uber’s terms of use.”

Arbitration means the dispute is resolved through a third party rather than in court—in this case, an Uber-appointed lawyer.

Legal experts say this often results in smaller financial settlements.

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

In March 2022, Georgia and John McGinty were seriously injured in a car accident while riding an Uber in New Jersey.

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

“I was in the ICU for a week,” she told the BBC.

She said: “I had a very bad postoperative infection and during this time I almost died and I was unable to care for my children who had suffered unrelated injuries.”

John suffered a fractured sternum and injuries to his hands.

“I had a broken wrist, a broken hand, and I had a steel rod in my hand with about nine pins in it. I couldn’t fully use my left hand,” he said.

“I’m in pain every day.”

He added that they had “accumulated significant medical debt” and would still require further medical treatment in the future, including a possible third surgery for Georgia.

The couple is trying to sue Uber over the accident, citing the Seventh Amendment to the U.S. Constitution, which gives people the right to a jury trial.

But the tech company argued the couple couldn’t try the case in front of a jury because of a clause Uber’s U.S. Terms of Use.

The New Jersey Supreme Court agreed.

“We find that the arbitration provision contained in the agreement under review is valid and enforceable and that Georgia or her minor daughter consented to it while using her cell phone,” the decision said.

The judgment found that the child clicked a button to indicate that she was over 18, even though she was not in fact.

Speaking about her daughter’s use of Uber Eats, Ms McGinty said she didn’t know how she could be right to “authorize my children to waive our right to a trial if we were injured in a car accident”.

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

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

He said an arbitrator “is most often a lawyer who does this for a living” who can “act like a judge and jury.”

They decide the outcome after weighing both sides’ arguments, and their fees are usually split between the parties.

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

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

In 2023, Jeffrey Piccolo responded to Disney after his wife, Dr. Kanokporn Tangsuan, died of an allergic reaction at a third-party-operated restaurant in Disney World, Florida. File a wrongful death lawsuit.

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

After media coverage of the lawsuit, Disney later withdrew its arbitration request and opted to proceed with a jury trial.

Disney executive Josh D’Amaro told the BBC in a statement in August: “We believe this situation requires a sensitive approach to expedite support for families who have experienced such a painful loss. Provide solutions.

“The law understandably says, ‘Look, you have a responsibility to know what you’re signing up for,'” Spaulding said, referring to the terms and conditions people typically accept when using a product or service.

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

Georgia and John McGinty said the Uber case was “absolutely devastating” to their family.

Georgia said their daughter, now 14, was “extremely traumatized by this”.

She had a separate physical health issue at the time, which her parents found difficult to help deal with while going through their own injuries.

“The years she spent with her parents… were taken away,” she said.

“Luckily, she’s a fighter, just like her parents,” John said.

“We inadvertently taught her about adversity, strength, family, prayer and resilience.”

Uber told BBC News: “The court concluded that the plaintiff had repeatedly agreed to Uber’s terms of use, including the arbitration agreement.”

“We are committed to road safety,” the company added.