A New Jersey couple who was seriously injured in an Uber crash in 2022 lost their case in court for the right to sue the company, and it was all because of a seemingly innocuous action on their Uber Eats account.
Obtained court records NBC News It describes how Georgia and John McGinty were in an Uber on March 31, 2022, when their driver ran a red light and crashed into another car, leaving both of them suffering horrific injuries. Georgia, for example, suffered fractures to her cervical and lumbar spine, rib fractures, a protruding hernia, and other “traumatic injuries” to her abdominal wall and pelvic floor that left her unable to work for a year.
A New Jersey appeals court ruled against the couple because their underage daughter once waived her right to a hearing by checking a box while ordering pizza through Uber Eats using Georgia's phone. In doing so, the couple mistakenly decided that all disputes with the company should be resolved by a private arbitrator.
“Georgia documented that her daughter was 'gifted,' frequently ordered food, and that she and John were busy packing, which supports the inference that her daughter knowingly acted on Georgia's behalf,” the court ruling said. he said.
However, the couple is not giving up as they plan to appeal the case. Their attorney, Evan Lide, hopes justice can be served for consumers like the McGintys.
“We are talking about our constitutional right to a jury trial,” Lide said. NBC News. “Isn't this a Seventh Amendment?”
The ruling comes just weeks after Disney halted efforts to halt a lawsuit filed by a man who claimed his wife died when he was served food to which she was allergic at an amusement park restaurant. The company's reasoning was that the family had similarly waived their right to sue the company by agreeing to the terms and conditions of their Disney+ subscriptions.
Lide believes consumers like the McGintys will soon be proven right. “The tide is turning, there's no doubt about that,” he said. “In the public eye, no one wants these conditions.”
Georgia believes the problem goes far beyond her and her husband. “I think we as a society need to try to protect consumers,” Georgia said. Today On October 2.
Often, the fine print is the closest thing you should read.