A couple, Georgia and John McGinty, were injured in an Uber crash when their driver ran a red light and collided with another car. However, they were unable to sue the tech giant because their daughter, a minor, had once waived trial rights while using Uber Eats. The daughter had checked a box on her mother’s phone to order a pizza, agreeing to waive trial rights. This waiver prevented the family from being able to sue Uber for the injuries sustained in the accident.
The high court in New Jersey ruled in favor of Uber, stating that the daughter’s pizza order on January 8, 2022 covered all future legal claims against the company. Even before this pizza order, Georgia McGinty had previously agreed to waive a jury trial by clicking through Uber’s fine print. The court concluded that the daughter acted knowingly on Georgia’s behalf, and therefore the waiver of trial rights applied to the entire family.
Georgia McGinty suffered cervical and lumbar spine fractures, rib fractures, a protruding hernia, and other traumatic injuries to her abdominal wall and pelvic floor. These injuries left her unable to work as a matrimonial attorney until April 1, 2023. John McGinty suffered a fractured sternum and severe fractures to his left arm and wrist, which required a bone graft. He now has diminished use and sensation in his left wrist as a result of the accident.
The ruling by the high court means that any future legal disputes with Uber must be argued in front of a private arbitrator rather than a jury of the couple’s peers. The couple’s inability to sue the tech giant due to a seemingly unrelated event involving their daughter ordering a pizza on Uber Eats highlights the importance of being aware of the legal implications of agreeing to terms and conditions, even in seemingly innocuous situations.
The McGinty family’s experience serves as a cautionary tale about the far-reaching consequences of agreeing to terms and conditions in the digital age. A seemingly minor action, such as ordering a pizza on a food delivery app, can have legal implications that impact an individual’s ability to seek justice in the event of a serious injury. This case underscores the importance of understanding and carefully considering the terms of service of any digital platform before agreeing to them, as they may have unexpected consequences in the future.
