This injured couple can’t sue Uber because their daughter once clicked a box waiving their trial rights
· Oct 7, 2024 · NottheBee.com

Remember how Disney was claiming that signing up for Disney+ meant you could never, ever sue Disney for anything?

Well, Uber recently played through that gambit in court ... and had it go their way.

Georgia and John McGinty were in a pretty serious car accident caused by their Uber driver running a red light back in 2023.

Georgia McGinty suffered cervical and lumbar spine fractures, rib fractures, a protruding hernia, and other 'traumatic injuries' to her abdominal wall and pelvic floor, court records showed. The matrimonial attorney was unable to work again until April 1, 2023.

John McGinty sustained a fractured sternum and severe fractures to his left arm and wrist, leading to a bone graft. He has 'diminished use and sensation in his left wrist,' according to the court.

They tried suing Uber for damages, but nothing came of it. Whether they would have won that case, given Uber drivers are not technically employees, doesn't really matter.

You wanna know why?

[T]he court ruled that the couple cannot sue the tech giant because their daughter, a minor, once checked a box while using her mother's phone to order a pizza on Uber Eats, agreeing to waive trial rights.

As a result, any future disputes with the platform should be argued in front of a private arbitrator, the company claimed.

It's believed consumers could gain more sympathy from juries, as opposed to the arbitration process.

Let's take a moment here and acknowledge that the 7th Amendment exists:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

How an app's terms and conditions trump a constitutional amendment is anybody's guess.

Regardless, the couple intends to appeal the lower court's decision.


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