A couple from New Jersey, Georgia and John McGinty, were left with life-changing injuries after their Uber crashed in 2022. Despite their desire to sue the company, they were told they could not do so due to the terms they accepted when using the app.
The McGintys are bound by a clause in Uber’s terms of use that prevents them from taking the case to a jury in a court of law. State judges ruled that they had agreed to these terms multiple times by clicking a “confirm” button on the app.
The couple argues that they did not understand they were forfeiting their right to sue the company, especially since the most recent time the terms were agreed to was when their daughter, then 12, accepted them before ordering a pizza on Uber Eats.
Arbitration, a process where disputes are settled through a third party rather than in court, tends to result in smaller financial settlements. Legal experts say that arbitration clauses are common, especially when dealing with large corporations.
The McGintys attempted to sue Uber citing the seventh amendment of the US Constitution, which grants people the right to a trial by jury. However, Uber argued that the couple could not take the case in front of a jury due to the clause in their terms of use, and New Jersey’s Supreme Court agreed.
The couple says the case has been devastating for their family, with their daughter suffering trauma as a result. Despite the challenges, they are teaching her resilience and strength.
Uber maintains that the court concluded that the plaintiff herself agreed to their terms of use, including the arbitration agreement, and that they are dedicated to road safety.
The case highlights the complexities of legal agreements and the impact they can have on individuals seeking justice after a traumatic event.
