This case is quite similar with Disney+ case.
You press ‘Agree’, you lost the right to sue the company.
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.
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.
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…
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.
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.
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.
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.)
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
So they were in an Uber, and ordered food on Uber eats, then the Uber driver crashed? Did I read that right?
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.
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
Not quite, the parents created an Uber Ride and Uber Eats accounts several years ago, agreeing to the ToS at that time.
Several months ago, uber updated the tos and pushed it out to users as a pop up agreement.
The daughter was monitoring the phone to watch the driver and pizza on the map when the pop up blocked the app, the daughter, being a minority who wanted her to pizza just hit “accept” to go back to the app to watch get pizza.
Several months later, the parents hooked an uber ride, where the driver crashes and injured the parent’s.
Uber is claiming that because the daughter agreed to the ToS, the new ToS is valid.
The parents only ever had the opportunity to read the original ToS, which also has a similar arbitration clause, which is why the lawyer is saying the daughters pizza situation was mooting. But the two ToS are different because one is an updated version of the other.