Uber arbitration award over Emily Normandin-Parker’s death

enahs-sf

So Uber ToS requires you to accept arbitration, then, when they are found responsible for damages, they still don’t want to pay. Seems pretty shitty for the consumer.

dataflow

Video from Louis Rossmann: https://www.youtube.com/watch?v=O2B3uBQuGnU

oceansky

Good outcome, but forced arbitration should still be illegal.

ChrisArchitect

[dupe] Discussion: https://news.ycombinator.com/item?id=49761654

jacquesm

All these companies are universally sleazy and refuse to take responsibility, no matter what. It's pretty much par for the course: deny you are responsible, try to control the court case in such a way that you inflict even more suffering on the victims and their families and ultimately, even if you're found to be in the wrong do everything to stall payment until each and every legal avenue to do so is exhausted.

calibas

> Stone rejected Uber's argument that it is "merely a technology company" connecting riders with drivers, finding that Uber provides transportation services to the public through its app, sets prices and controls key aspects of the rider experience. > The arbitrator also rejected Uber's argument that Proposition 22 -- a California ballot measure approved by voters in 2020 that allows companies to classify app-based drivers as independent contractors instead of employees -- prevented the company from being held liable for Tran's conduct. The dream of every major tech company, making ridiculous profits while taking zero legal responsibility for what you create...

cmiles8

So Uber took this into forced arbitration to avoid the courts and then the arbitration blew up in their face. Sorry, but there’s some strong schadenfreude there.

Glyptodon

Arbitration has no particular basis in law so much as agreeing that a third party reaches some conclusion to resolve a civil dispute, though the law may be used to justify the conclusion, the conclusion is binding regardless, so as to make it so there's no appeals, etc., right? So by participating in the arbitration it means there's only the conclusion and no basis to object or appeal, right?

cube00

Another frustrating aspect of forced arbitration is Uber can now avoid ever using that arbitrator ever again.

excerionsforte

Imagine how this could've gone if Uber had used its tracking and vast knowledge of roadways to know to follow up with riders on a cancelled ride on the highway or even deny drivers the right to cancel the trip on the highway because that is unsafe. Could've prevented all this, have they learned from this case to prevent future incidents?

MrWiffles

So wait. There’s a literal DEATH involved here and it still went to arbitration?!

lacoolj

This is what happens when every single company we have an app for forces us to re-agree to new TOC (most this year, but last year too). Go check your e-mail - look at all the TOC agreements you had to make recently. How many added a new (or amended an existing) arbitration clause? Too many. And consumers are stuck either agreeing blindly/under duress, or uninstalling the app? These are apps we use and rely on, and don't have enough competition to refuse. Lyft and Uber. Name one other competitor in the app space. Without googling it Rant over (it wasn't even a rant at the beginning but couldn't help myself)

randyrand

ESH. Everyone sucks here. The person that hit them. The driver that dropped them off. The girls drinking to the point of stupor. Uber for not training drivers enough.

randyrand

An important detail, according to the driver he didn't force her out. The girl got out after he pulled over to argue about / inspect the vomit and assess the situation. "Tran argued that he responded reasonably to a perceived sudden emergency caused by the passengers' prior excessive drinking, of which he said he was unaware, & that he could not anticipate that Normandin-Parker would leave his vehicle and wander into traffic."