A U.S. court has ruled that a couple who suffered life-altering injuries in a car accident cannot pursue legal action against Uber because they accepted the company’s terms and conditions. In March 2022, John and Georgia McGinty from New Jersey were passengers in an Uber when their driver ran a red light, leading to a serious T-bone collision. Georgia sustained severe injuries, including fractures to her cervical and lumbar spine, ribs, and abdominal wall, while John suffered a fractured sternum and multiple wrist injuries.
Despite their injuries, the couple was informed that they could not sue Uber for damages because they had agreed to arbitration clauses included in the Uber Eats terms of service. These clauses require disputes to be resolved outside of the courtroom. The McGintys had hoped to take the company to trial, but the court ruled that by accepting the app’s terms, they had consented to arbitration. They argued they were unaware of the arbitration clause, as their minor daughter had used Georgia’s phone to place orders.
A lower court initially sided with the McGintys in November 2023, but Uber’s appeal led to a reversal of that decision. The couple’s lawyer, Mike Shapiro, indicated they may appeal to the state’s supreme court.
In response to the ruling, the McGintys expressed frustration over the notion that large corporations like Uber can evade lawsuits due to obscure contract terms in lengthy user agreements. Uber countered that the plaintiffs had accepted the terms, including the arbitration agreement, multiple times. A spokesperson stated that the court found Georgia herself, not her daughter, had agreed to these terms on several occasions and reiterated Uber’s commitment to road safety.