The story of Georgia and John McGinty, a couple from New Jersey who were seriously injured in an Uber crash in 2022, has taken a new turn as they have been told they cannot sue the company due to the terms they accepted when using the app.
The McGintys, who suffered life-changing injuries in the crash, are bound by a clause in Uber’s terms of use that states they cannot take the case to a jury in a court of law. Despite their argument that they did not understand they were forfeiting their right to sue the company, state judges ruled that they had agreed to the terms multiple times by clicking a “confirm” button on the app.
The couple’s injuries included spine fractures, traumatic injuries, and extensive medical treatment. They have accumulated a significant amount of medical debt and still require further treatment in the future. Despite their hardships, they are unable to seek justice in a court of law due to the arbitration clause in Uber’s terms of use.
Arbitration, a process where disputes are settled through a third party rather than in court, tends to result in smaller financial settlements. Legal experts say that arbitration clauses are common, especially when dealing with large corporations like Uber.
The McGintys’ case has drawn parallels to Disney’s attempt to avoid being sued over a death at Disney World, where they also used arbitration clauses in their terms to prevent a lawsuit. However, Disney later withdrew its claim to arbitration and opted for a jury trial after media coverage of the lawsuit.
Despite the devastating impact the Uber case has had on their family, the McGintys remain resilient and are focused on teaching their daughter about adversity and strength. Uber has stated that the court concluded the plaintiff herself agreed to their terms of use, including the arbitration agreement, and that they are dedicated to road safety.
The story of the McGintys serves as a reminder of the importance of understanding the terms and conditions we agree to when using products or services, and the potential consequences of accepting arbitration clauses.
