Uber terms mean couple can’t sue after ‘life-changing’ crash
Georgia McGinty
Georgia and John McGinty were seriously injured in an Uber crash in 2022
A couple who were left with life-changing injuries after their Uber crashed have been told they cannot sue the company because of the terms they accepted when using the app.
Georgia and John McGinty, from New Jersey, in the US, are bound by a clause saying they could not take the case to a jury in a court of law.
State judges ruled they had clicked a “confirm” button on the app on more than one occasion when asked if they agreed with Uber’s terms of use.
The McGintys argue they had not understood they were forfeiting their right to sue the company.
They told the BBC the most recent time the terms were agreed to was when their daughter, then 12, had accepted them prior to ordering a pizza on Uber Eats.
“How would I ever remotely think that my ability to protect my constitutional rights to a trial would be waived by me ordering food?” The McGintys said that they did not understand that by ordering food, they were giving up their right to a trial. “
Arbitration means the dispute is settled through a third party rather than in court – in this case, a lawyer appointed by Uber.
Legal experts say it tends to result smaller financial settlements.
In March 2022, Georgia and John McGinty were “
Arbitration means the dispute is settled through a third party rather than in court – in this case a lawyer appointed by Uber.
Legal experts say it tends to result in smaller financial settlements.
The case has parallels with Disney’s attempt to avoid being sued over a death at Disney World – in its case over the terms of a Disney+ membership – before the company changed its mind.
Pain every day
In March 2022, Georgia and John McGinty were riding in an Uber in New Jersey when it crashed, and they suffered extensive injuries.
Mrs McGinty’s injuries included spine fractures and traumatic injuries to her abdominal wall.
“I was in the critical care unit for a week,” she told the BBC.
“I had a horrible post-operative infection and almost died during this time, I wasn’t able to care for my child who was suffering from unrelated injury,” she said.
John fractured his sternum and sustained injuries to his hand.
“I shattered my wrist, broke my hand, and I have a steel rod with about nine pins in it. “I had a horrible post-operative infection and almost died during this time, I wasn’t able to care for my child who was suffering from an unrelated injury,” she said.
“I shattered my wrist, broke mine hand, and have a steel rod with about nine pins in it,” “I am in constant pain. “
He added that they “accumulated a tremendous amount of medical debt” and still need further medical treatment in the future, including a possible third operation for Georgia.
Michael Shapiro
A photo of the Uber car in the scrapyard after the crash
The couple attempted to sue Uber over the crash, citing the seventh amendment of the US Constitution, which grants people the right to a trial by jury.
But the tech firm argued that the couple could not take the case in front of a jury because of a clause in Uber’s US Terms of Use.
New Jersey’s Supreme Court agreed.
“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,” its judgement says.
The judgment found the child had clicked the button to say she was 18 despite not being.
Referring to her daughter’s use of Uber Eats, Mrs McGinty says she does not know how it can be right that she is considered to have “authorised my child to waive our rights to go to a trial if we’re injured in a car accident.”
“I don’t know how anybody makes that leap,” she said.
How does arbitration work?
Arbitration clauses are “very common,” especially when dealing with large corporations, said Ted Spaulding, a personal injury lawyer based in the state of Georgia.
An arbitrator is “most often a lawyer who does this for a living,” he said, who can “act like a judge and a jury”.
They decide on an outcome after weighing up arguments from both sides, and their fee is often split between both parties. In the US, arbitration clauses are enforced differently by each state. The law says that you must know the terms of any service or product you use.
However, he says “the scope should be within the transaction that you’re agreeing to”.
John McGinty
Georgia McGinty during her recovery
Georgia and John McGinty say the Uber case has been “absolutely devastating” to their family.
Georgia said their daughter, now 14 years old, “suffered trauma as a consequence”.
She was dealing with a physical issue at the time which her parents were unable to assist.
“Years of her life with her parents… were taken away,” she says.
“Luckily, she’s a fighter, like her parents are,” says John.
“We are teaching her resilience, adversity, and family through prayer and adversity. “
Uber said to BBC News: “The Court concluded that the plaintiff had agreed on several occasions to Uber’s Terms and Conditions, including the Arbitration Agreement. The company said: “We’re dedicated to road safety.” “
