Once again a company managed to avoid a lawsuit for an accepted clause in the terms and conditions of a smartphone application. On this occasion it was about Uber who managed to avoid a lawsuit in USA for a clause Uber Eatsas a court ruled in New Jersey.
In March 2022, JJohn McGinty and Georgia McGinty had hired the Uber transportation service when the driver ran a red light, causing a serious car accident. which caused serious physical, psychological and financial damage to the couple. Georgia suffered several body injuries for which she had to undergo several surgeries. John suffered a broken sternum.
The couple attempted to take Uber to court seeking a jury trial, however, a court ruled that this is not possible since they accepted Uber’s terms and conditions which specify which situations are resolved through a trial process. arbitration. The court found the company’s terms to be valid and enforceable: “disputes relating to car accidents and personal injuries will be resolved through binding arbitration and not in a court of law.”
Read: Mexico condemns bombing of the Arab Emirates residence in Sudan
Uber confirmed that Georgia McGinty agreed to those terms of use on multiple occasions and has taken several trips under those terms, in addition to using Uber Eats. The couple claims that it was their daughter who accepted the terms and, as she is a minor, the validity should be called into question. However, after the plaintiffs’ first court appearance it appears that the statement was not enough to change course of the application.
According to CNNthe lawyers of the McGinty They are evaluating the next step; Your plans could include filing a petition with the Supreme Court of New Jersey.
The case has brought to mind Jeffrey Piccolo’s lawsuit after his late wife Kanokporn Tangsuah died from an allergic reaction caused by a restaurant inside the Disney park. Initially, the company avoided the jury trial due to a Disney+ clause, however, the entertainment corporation changed its position and the case is pending developments.
With information from CNN
You may be interested: Israeli bombing in Gaza leaves three dead, media report
* * * Stay up to date with the news, join our Whatsapp channel * * *
OB