Featured Image Credit: Getty/NurPhoto/Getty/Yulia Naumenko
Topics: Cars, Uber, Food and Drink, US News
Gerrard Kaonga
Topics: Cars, Uber, Food and Drink, US News
A couple from New Jersey have been left frustrated with Uber and the courts after a ruling meant they were unable to sue the company.
John and Georgia McGinty were unfortunately involved in a car crash and suffered terrible injuries while riding in an Uber vehicle back in March 2022.
The incident was so severe that Georgia was put into the critical care unit for a week with a spine fracture and traumatic injuries to her abdominal wall.
She said she also suffered a ‘horrible post-operative infection and almost died’.
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Her husband, John, fractured his sternum and still doesn’t have full function of his left hand years on. He said he is in ‘pain everyday’.
As you can imagine, the pair have wracked up a tremendous amount of medical debt and even now require further treatment for their life-changing injuries.
However, when the couple attempted to take Uber to court for the crash they were told they couldn’t as they had accepted the terms and conditions pop-up when using the app.
To make matters worse, Georgia claims that it wasn’t even the pair of them that accepted the terms but rather their then-12-year-old daughter when she ordered a pizza on Uber Eats.
Regardless of this, it has meant that, under the seventh amendment of the US Constitution, they have forfeited their rights to bring the case to a jury due to a clause in Uber's US Terms of Use.
The Supreme Court in New Jersey also agreed with this.
Speaking on the incident, Georgia told the BBC: "How would I ever remotely think that my ability to protect my constitutional rights to a trial would be waived by me ordering food?"
In a judgement, New Jersey’s Supreme Court said: “We hold that the arbitration provision contained in the agreement under review, which Georgia or her minor daughter, while using her cell phone agreed to, is valid and enforceable.”
Reflecting on the decision for this to stand, Georgia added she didn’t know how it was fair that she is considered to have 'authorized my child to waive our rights to go to a trial if we’re injured in a car accident'.
As per the BBC, Uber said: "Our Terms of Use are clear that these types of claims should be resolved in arbitration. 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."
It 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."
UNILAD has contacted Uber for further comment.