By Clare Duffy, NCS
New York (NCS) — A jury discovered that Uber must pay $8.5 million to a lady who stated one of its drivers raped her. The choice could set the stage for funds to thousands of different passengers who filed similar claims in opposition to the rideshare firm.
Jaylynn Dean sued Uber in 2023, alleging that she was raped by her driver throughout a trip that November. She accused Uber of failing to take ample steps to forestall such assaults after promoting “safe rides,” courtroom paperwork present.
On Thursday, a federal jury in Arizona discovered that Uber was liable in the case as a result of the driver was performing as an “apparent agent” of the corporate throughout the incident. But it didn’t discover Uber liable for negligence or design defects, and it declined to award punitive damages. Dean was awarded $8.5 million in damages, lower than the $144 million her attorneys had requested.
Rachel Abrams, a companion at legislation agency Peiffer Wolf who represents Dean, referred to as the decision “a sign of what’s to come.”
Uber has for years battled claims that it’s accountable for sexual assaults by drivers in opposition to riders.
Dean’s case marked the primary “bellwether” trial for round 3,000 similar lawsuits which were consolidated in federal courtroom. Thursday’s verdict is a “test case” that could assist each Uber and different plaintiffs decide their authorized methods and the way a lot both sides is likely to be keen to settle for, stated Alexandra Lahav, legislation professor at Cornell Law School. A similar California state trial lately ended with a special verdict — the jury in that case discovered Uber not liable.
While the verdicts in the bellwether cases received’t immediately decide the result in the opposite lawsuits, these trials can function a information for litigation in similar cases. In complete, Uber could be on the hook to pay tens of billions of {dollars} in damages if the opposite cases consequence in verdicts similar to Dean’s trial.
“Because of Jaylynn’s bravery, a corporation valued at more than $150 billion globally will now be held to account for the lifelong harm it caused her,” Abrams stated in a press release to NCS. “We won’t rest until Uber takes the necessary safety measures to protect users from the dangers on its platform.”
Uber has repeatedly denied that it is accountable for assaults by drivers and stated it plans to enchantment the choice in the Dean case.
“The jury rejected claims that Uber was negligent and that our safety systems were defective,” an Uber spokesperson stated in a press release. “They awarded an amount far below what was sought, and declined to award punitive damages altogether. This verdict affirms that Uber acted responsibly and has invested meaningfully in rider safety.”
NCS authorized analyst Joey Jackson stated the case could mark the beginning of a “sea change.”
“If you’re Uber, you are very concerned about future liability,” he stated. Jackson added that Uber’s choice to enchantment the Dean verdict could be dangerous as a result of if it loses, plaintiffs’ attorneys in the opposite cases could consider they’ve an excellent clearer path to victory.
In addition to the three,000 cases in federal courtroom, round 500 separate cases in opposition to Uber have been consolidated in California state courtroom. A California jury found in September that Uber was not liable in reference to the alleged sexual assault of one other passenger in the primary of the state cases to go to trial.
Between the primary state and federal verdicts, “we have two different outcomes … that indicates to me that we’re probably going to see more trials” earlier than both facet seems to broadly settle the cases, Lahav stated.
History of rideshare sexual assault claims
A 2018 investigation by NCS recognized at the least 103 Uber drivers in the United States who had been accused of sexually assaulting or abusing their passengers in the earlier 4 years. A yr later, Uber launched its first safety report, which revealed it had acquired 5,981 reviews of sexual assault in 2017 and 2018.
The firm’s most recent safety report, which options knowledge from 2021 and 2022, notes 2,717 reviews of sexual assault and misconduct. Uber says greater than 99.9% of rides are accomplished with none reported security incidents.
Uber has rolled out a quantity of safety measures to guard riders, together with the choice for customers to share their trip location with pals, annual background checks for drivers and a button to let riders report audio throughout journeys. Last yr, it launched the choice for feminine passengers to request ladies drivers.
Still, the corporate has continued to face security issues. US House lawmakers despatched Uber CEO Dara Khosrowshahi a letter in September requesting a briefing on the corporate’s efforts to forestall and handle sexual assaults by drivers. “We appreciate the opportunity to meet with subcommittee staff to share more about Uber’s technology, strong policies, and expert partnerships that prioritize women’s safety,” an Uber spokesperson stated in a press release offered to NCS on Friday.
Uber’s competitor Lyft has additionally faced lawsuits over alleged sexual assault or misconduct by drivers. Lyft has touted security options and measures it stated are designed to maintain riders secure.
Sarah London, a companion at Girard Sharp who additionally represents Dean, stated that regardless of the Thursday’s verdict, “the work is far from over.”
The “verdict validates the thousands of survivors who have come forward at great personal risk to demand accountability against Uber for its focus on profit over passenger safety,” she stated. “Thousands of cases remain, and justice will ultimately be measured by the outcomes of the ongoing litigation and whether meaningful safety reforms are implemented to protect passengers going forward.”
The-NCS-Wire
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