A New Jersey couple, Georgia and John McGinty, who sustained severe injuries in a 2022 Uber crash, have been told they cannot sue the company because of a prior agreement to Uber Eats’ terms. The couple filed a lawsuit after an Uber driver ran a red light, causing significant injuries to both. Mrs. McGinty required multiple surgeries for spinal fractures, while Mr. McGinty suffered a fractured sternum. Their personal injury lawyer in NYC argued the couple had not directly agreed to Uber’s terms, but the court ruled the agreement was valid, citing their daughter’s use of the Uber Eats app to order food.
The court determined that, as part of Uber Eats’ user agreement, the couple had agreed to arbitration, a process that resolves disputes outside of the courtroom. This prevents the couple from pursuing a traditional lawsuit, a decision often seen in cases handled by white collar defense attorneys in NYC. The arbitration clause was included in a lengthy user agreement, which the McGintys argue they were unaware of. They claimed that their daughter had accepted the terms on their behalf when ordering food, making it unclear whether they were bound to this agreement. However, the court ruled that the clause was valid and enforceable, as it applied to both Uber Eats and Uber rides.
Arbitration clauses are common in large corporations, and many white collar criminal defense lawyers in New York deal with similar legal complexities. The McGintys criticized the decision, calling it unfair for companies like Uber to avoid liability through hidden contract language. They highlighted how the terms, buried in a user agreement on a small iPhone screen, are difficult for the average consumer to fully comprehend.
The couple’s legal team has suggested they may appeal the decision to the New Jersey Supreme Court. Their case brings attention to the broader issue of arbitration agreements and their impact on consumer rights, an issue often dealt with by experienced NYC lawyers in complex legal matters.