When a couple in the US took an Uber taxi, they were seriously injured in a car accident.
Now they are trying to sue the company, but can be stopped by the fine print in the terms and conditions agreement – because of a pizza order.
A couple in New Jersey, in the United States, were seriously injured while taking an Uber taxi home from a restaurant in March 2022. The driver collided with another car, resulting in serious injuries to both passengers.
The woman suffered, among other things, fractures in her ribs and spine and had to undergo several operations. The injuries also led to her being unable to work for a year.
The couple now wants damages from Uber, but the company rejects the claim. They believe that the woman, in connection with a food order two months before the accident, waived the right to sue them, reports New York Times.
Daughter ordered pizza
Uber refers to a terms and conditions agreement which states that “most disputes between Uber and its customers shall be handled privately.” According to the company, the woman had agreed to the terms two months earlier, when her user logged into Uber Eats, the company’s service for ordering food home.
That prompted a New Jersey appeals court to rule that the lawsuit should not be tried before a jury. However, the couple say that it was their twelve-year-old daughter who borrowed the woman’s cell phone and approved the agreement when she ordered pizza, and that they did not read it themselves. But the court believes that the woman handed over the responsibility for reading and approving the agreement to the daughter at the same moment that she lent her mobile phone.
The couple now want to appeal the decision and say they are skeptical of the court’s interpretation. Uber themselves refer to the court’s decision, and say that the woman agreed to the condition to resolve disputes privately back in 2015, when she registered with them.
Similar Disney atmosphere
The ruling comes just weeks after Disney backed off a high-profile lawsuit after a woman died of an allergic reaction at the theme park. When the woman’s husband tried to sue the entertainment giant, the company initially rejected the claim, because he signed up for Disney+ five years earlier and thus waived his right to sue them.
According to legal experts the New York Times spoke to, the cases differ, however, because Uber’s food ordering and taxi ordering services are more clearly connected to each other than a subscription to Disney+ and a visit to Disneyland.