This case is quite similar with Disney+ case.
You press ‘Agree’, you lost the right to sue the company.
Another reason to avoid uber of any sort.
I hope the state supreme court allows them to keep their right to a jury trial. It clearly states in our 7th amendment it is preserved for any case above $20 and that it will always be upheld. There is no alternative in the wording, it is so clearly written and if it is ignored I want to see all the judges bank account and donations because the constitution for jury trials are clearly written and cannot be told in any other way.
the problem here is obviously corporations running the world. the solution is obviously terrorizing them into submission. the government ain’t gonna save you.
AntinCorponTerrorism… Cyberpunk much…
what the fuck… Really? Again?
“How many times do we have to teach you this lesson, old man!?”
Inb4 a few decades down the line “Father blocked from suing Amazon after their death squads gunned down his entire family for sharing his prime video account, say they agreed to Amazon terms”
Human lives have been deemed valueless it seems. Only worth as much as they have already produced and nothing more.
Not by the average person mind you but by every person above that has reduced humanity to numbers and economic performance. Why care when the person can be replaced or the product they make reproduced through automation or cheaper labor elsewhere. People are just the cogs that are worth as much as they are currently valued at and it must be reduced to make those that feel worth more than the rest of us feel even more powerful and necessary.
We have forgotten the worth of human effort and lives not yet lived while some get distracted with hypotheticals of specific people or ones that don’t yet exist.
Fuck this reality. Fuck the reduction of humanity because of the will of those that hate others. We need to deal with now and our idea of what matters.
Disney may have abandoned this strategy with their wrongful death suit, but they pioneered it for other shitty companies. Great. This is reality now.
Why does the law allow this? Where in from you can write whatever the fuck you want on a contract but it doesn’t make it legal. If the shit in the contract is insane , a court would just refuse to enforce it
Well, that is exactly what happens in the vast majority of cases, and almost certainly what’s going to happen here.
That’s not to undercut how shitty a practice it is, it mostly serves to discourage and dissuade people from trying to sue in the first place.
I used to wonder what happened to kids who would always change the rules in the middle of a game like, “nuh uh nuh uh I have a shield around my whole body that blocks lasers,” so that they never ever lose. I thought they just grew out of it but now I realize they all became corporate lawyers for tech companies
Just learned this is Usha Vance, I think? Would explain some things… (JD Vance said his wife is a “corporate litigator” or something like that, in the recent US Vice Presidential debate)
Or became tech bros themselves and now want the world to cater to them.
For anyone needing this https://www.pandadoc.com/blog/how-to-terminate-contract
All Headline Lives Matter
So they were in an Uber, and ordered food on Uber eats, then the Uber driver crashed? Did I read that right?
Months previously the daughter, who was a minor, had set up Uber Eats and just clicked through the terms of service because it’s not like you have a choice, plus she was a kid.
The parents were seriously injured in an Uber crash, but the court sided with Uber that they could NOT sue because those terms of service were legally binding for all Uber interactions
I’m surprised we don’t hear more about judges getting shanked for their shit reasoning.
Uber are pulling the same shit as Disney.
Apparently if you have ever ever ever accepted a Disney + account, and you have a family member die in a restaurant that is owned by Disney or dies in the theme park, you can’t sue Disney
And this is Uber doing the same thing. Uber driver crashed into a vehicle and because the woman in the car they crashed into had ordered something on Uber eats once upon a time when she was on her moms account she cannot sue an Uber driver ever.
Unless the driver wasn’t insured properly, Taxis cover your bodily injuries in an accident. They should have no medical bills associated with it, and the article is kinda vague on that. If anything they should be taking this up with the insurance company. Unless the driver wasn’t insured properly, and Uber didn’t do their diligence then yeah it’s on Uber.
This seems like these people are trying to sue for more than that though?
Do i believe that Uber is being shady trying to pull some garbage about a separate TOS, yeah that’s shady. They should take it to the next level of appellate courts, which I believe would be the Supreme Court now.
Though this isn’t apples to apples of the Disney thing.
Well, you absolutely can because the argument was immediately withdrawn as completely unenforceable, just like this certainly will be.
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This is fucked. But I have a question. Why does Uber need to bother relying on the daughter’s agreement with Uber Eats? Surely the parents as Uber ride share users already agreed to similar terms no? Is this their way of testing this in court to see how far they can push it and set a precedent?
their daughter clicked “agree” when presented with updated terms and conditions while ordering food via her mom’s Uber Eats account.
Yes but wouldn’t the parents already have agreed to such terms when they first signed up for Uber, long before their daughter clicked to accept the updated terms on Uber Eats (which presumably is a different app.)
Not if those terms weren’t in the original ToS agreement.
Just fyi, über has one app. Covers both ride booking and food ordering.
Not on my phone
Perhaps a regional thing? Mine is one app.
My guess was either regional or OS; I’m in Canada, running Android
Forced arbitration is unjust and should be outlawed. It’s only legal in 7 other countries: UK, Canada, Australia, Ireland, Saudi Arabia, China and India.
That’s right: 4 countries that are essentially US lapdogs, two dictatorships and one that’s on the fast track towards becoming one.
Also, you can totally see how America is so much better and totally different than China. The more I look at both, the less I can tell the difference.
But at least in the United States, there is hope.
If you look at the list all those countries were influenced or under control by the British Empire.
I mean, that’s true, but correlation v causation and all that. The list of countries “owned or influenced by” the British Empire includes a lot more than just these 7, and yet the forced arbitration club is a small one, so I’m not 100% sure I agree with your police work there, Hal.
FYI it is the other way around. The British Empire spread Common Law around the world. Here is a Wikipedia’s Page (Common Law section) which explains the spread:
https://en.m.wikipedia.org/wiki/List_of_national_legal_systems
This is why we occasionally get courts referring to Ancient precedents from England.
It’s not really legal in the UK. It’s unenforceable on claims under 5k and for claims over 5k the courts will make a case by case decision if arbitration is appropriate.
However, lots of companies still add these bullshit clauses as a way to bully people out of seeing a lawyer.
For sure and, even then, in uk law, you can’t sign away your freedom to take regular legal action against someone who caused you damage, due to their illegal actions. Something like the one in the article would be, rightly, dismissed as a repugnant clause.
Is it really called a “repugnant clause?”
It should be illegal for companies with a legal budget over X€ to have illegal clauses on their terms and conditions.
lapdogs
The Whitehouse is 12 years overdue for its 200-year reno. Are you angling to get it done for free?
Edit: guess some folk are still pissed about the war of 1812… Either that or they really hate The Arrogant Worms…
The US has twice as many parties as China. If that ain’t a major difference then I don’t what is /s
Caught yer /s and adding to it a variation of the quote that usually goes here:
The United States effectively has a one-party system, the business party, with two factions, Republicans and Democrats.
-Noam Chomsky
That was true through the Obama administration.
I don’t know what is going on now.
There’s the Left Butt Cheek Party and the Right Butt Check Party, both from the same ass hence why you get the same shit from both.
And they’ll keep getting away with it as long as corporations are treated better than actual people. And you know they put shit like this in the agreements because they know nobody reads them. And every time we get complacent or blame someone else, it only gets worse.
you know they put shit like this in the agreements because they know nobody reads them
That’s only half of the problem: even if you carefully read what you agree to, if you refuse agreements that include a forced arbitration clause, you have no other choice because all companies foist it on you.
In other words, if you refuse forced arbitration, you essentially have to opt out of normal life, because there are no alternatives.
In this specific case, society could have built a more fair transportation system, such as safe public transit, effectively providing an alternative to uber and a way to avoid agreeing to the terms.
