Uber Updates its Terms of Service Tricking a Personal Injury Claimant Into Giving Up Her Right to a Jury Trial Brooklyn, New York – A news report on Patch.com states that two months after a Brooklyn woman filed a personal injury lawsuit against Uber, Uber updated its Terms and Conditions “retroactively” to force injury victims into arbitration. […]
Brooklyn, New York – A news report on Patch.com states that two months after a Brooklyn woman filed a personal injury lawsuit against Uber, Uber updated its Terms and Conditions “retroactively” to force injury victims into arbitration. According to the news report, the accident victim received an email from Uber with updated Terms and Conditions. She clicked a link to accept the new terms without knowing that she agreed to give up her constitutional right to a jury trial.
Now Uber is attempting to have her lawsuit dismissed after she unknowingly excepted new terms of use designed to limit her legal rights to compensation. The new Uber rules stated that riders “retroactively” waive their rights to a trial and agree to bring all disputes to an arbitrator. The victim stated that she was shocked to discover later that Uber was attempting to use this “retroactive clause “to prevent her from bringing a jury trial to recover compensation for her accident.
The 23-year-old college student filed a personal injury lawsuit against Uber after she was hit and seriously injured when her Uber driver did not let her out at a safe location beside a sidewalk. The victim alleges that she asked to be dropped off at a specific location, but the Uber driver resisted dropping her off at a dangerous intersection, leading her to be hit by a car. The victim stated that when she woke up after being struck by a vehicle, she had blood coming out of her mouth, and she had lost a majority of her front teeth. She also sustained other personal injuries. She has had reconstructive surgery and dental implants in her mouth and suffered a torn meniscus in her right knee.
According to the victim, Uber drivers should always drop their riders off at safe locations. This way, riders do not get hurt. She also stated that Uber and other rideshare companies should be held liable for the negligent actions of their Uber drivers.
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