In what may serve as another reminder to read the fine print, a court blocked a New Jersey couple from suing Uber after a crash left them with broken bones and hefty medical bills. The cases dismissal reported by several outlets on Wednesday, Oct. 2, is because the couple accepted the terms and conditions from the rideshare app before taking the ride, which requires any complaint to be handled outside of court.
The pair tried to take Uber to court for a jury trial after their Uber driver ran a red light and got hit by another car in 2022, but an appeals court judge sided with the rideshare giant instead.
The couple contended that it was their underaged daughter who clicked the most recent agreement with Uber Eats in 2022 while ordering a pizza. For that reason, the couple believes the case should move forward.
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However, Uber argued back that it wasn’t their daughter who signed agreements in 2015 and 2021, both of which waived the couple’s right to a court trial with arbitration clauses. It also didn’t reportedly help the couple’s case that they couldn’t “surmise” whether or not their daughter actually clicked the button to agree to the terms.
The husband reacted to the judge’s ruling by saying that they are “heartbroken,” but said that they expect to attempt to bring their case to the New Jersey Supreme Court.
The lawsuit that was tossed by the appellate demanded that Uber pay for physical, emotional and financial damages the crash caused the couple.
It’s not the first time that this has happened, in fact, it happened earlier this year. In August, Disney used a similar defense, but later reversed course, on a dispute over terms of service in a wrongful death suit.
The case was brought against the entertainment company by a man whose wife died after an allergic reaction at a Disney resort restaurant.
Disney tried to have the lawsuit tossed because the plaintiff signed up for a Disney+ trial years earlier. However, after backlash, Disney said that the case can now move forward in court.
