Passenger takes Uber suit to a jury despite user agreement

Posted at 8:01 PM, Jan 27, 2020

Have you ever looked at the fine print before agreeing to ride in an Uber? The current Uber agreements is more than 5,500 words.

The agreement stipulates that any disagreement with Uber cannot go before a judge, and is to be settled through arbitration.

“By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Uber on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Uber, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Uber by someone else,” the agreement reads.

But according to the Philadelphia Inquirer , one Uber user won a case and is able to take her lawsuit against Uber to a jury.

The Inquirer reported that Jillian Kemenosh will take her suit to a jury after the Uber she rode in ran a red light, which caused an accident. Kemenosh reportedly suffered a fracture to her spine, concussion, and traumatic brain injury

Kemenosh is suing Uber, the driver and other subsidiaries for damages.

A judge in Philadelphia ruled that because Uber cannot prove that Kemenosh actually read the policy, she could advance the case to a jury. Uber has until Feb. 3 to appeal the ruling, according to the Inquirer.