Are you aware that just the act of downloading the Uber app means you agree you’re 18, not using a stolen credit card to pay the driver and you won’t seek a jury trial against Uber? In March of 2018 Jillian Kemenosh was halfway home when the Uber she was riding in ran a red light and crashed into another car. Kemenosh suffered a fracture to her spine, a concussion and a traumatic brain injury. As a result of these injuries she sued Uber, its local subsidiaries and the driver. She requested a jury to determine her payout.
Uber argued in court that by downloading and agreeing to their “terms and conditions” in 2013 she forfeited her right to a jury and agreed instead to resolve any legal disputes through binding arbitration. Binding arbitration forces users to waive their rights to sue and settle matters privately. Proponents say arbitration is faster and cheaper and opponents say it revokes a consumer’s right to publicly take action against a company.
Kemenosh’s attorneys stated in court “Our entire judicial system is founded on a trial by jury” and in a 19 page opinion this month a Philadelphia Judge sided with Kemenosh. The judge determined that because the app makes it possible to register for Uber’s services without clicking on a hyperlink to review the company’s terms of service the “registration process did not properly communicate an offer to arbitrate under Pennsylvania law.” Had she been required to click a link, check a box confirming she read and agreed to the terms then the rule would perhaps be allowed. Uber took none of these steps.
This isn’t the first time this has come up for Uber. In 2018 14 women sued Uber for sexual harassment by drivers and Uber lifted its arbitration agreement for riders or drivers pursuing legal action against the company for sexual misconduct. Also in that year a federal appeals court refused to endorse Uber’s arbitration argument in a lawsuit brought by Boston area riders who accused the company of overcharging for rides to the airport. The court decided the company “failed to grab the user’s attention.” These are cases where e-commerce companies want to financially benefit from consumers but limit their rights from liability. The constitutional rights of citizens shouldn’t be taken lightly!
We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when they refuse to follow the law. We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth. We have almost 60 years of experience in our plaintiff’s only law firm. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We Can Help!
