Originally published by Anderson Law Firm's Injury Blog.
Uber, the transportation company based in San Francisco, California, has designed a new policy that limits the right to sue the company in the event of personal injury claims resulting from car accidents. The new policy is aimed to protect Uber and its interests from being liable from any accident involving the Uber driver, a passenger in an Uber ride, or another party injured from the negligence of an Uber driver.
While this policy is designed to protect Uber from any personal injury lawsuits, it can make it very difficult for victims that have received personal injuries from an Uber car wreck in filing suit and receiving compensation for their injuries.
New Liability Limitations
According to their recent policy update, specifically the subsection “Limitation of Liability” under the section “Disclaimers; Limitation of Liability; Indemnity”, notes that Uber will not be held liable for any damages, including personal injury or property damage, resulting from the negligence of Uber.
Also, in the subsection “Indemnity”, an individual using Uber to hold “Uber and its affiliates…harmless from any and all claims, demands, losses, and liabilities”, in addition to any attorneys’ fees. Also, the individual who chooses to use Uber acknowledges that they waive the right to a trial.
Can I Still File a Lawsuit Against Uber?
While the new policy can appear as eerie and can alienate people who would otherwise want to use Uber and its services, there is always the possibility of a personal injury lawsuit being filed against the transportation company. Even though the user contract states multiple limits in liabilities, these can be challenged and overturned in a court of law.
This means that while the policy is in place, if it in anyway causes significant indemnification to a victim of a car accident, such as wrongful death or severe personal injuries, then the party of the injured individual (or multiples parties) can file suit to demonstrate that Uber and/or their driver was driving in a way that purposely or recklessly placed the lives of the passengers in grave danger.
Essentially, there has to be significant evidence from the plaintiff’s legal team to place the court in an understanding position.
Should I Still Use Uber?
Although the new policy may seem distancing, it is important to remember that Uber, like any company or business, has the need to protect itself from lawsuits. Many popular companies (i.e. Apple, Samsung, Dell, etc.) have user contracts and laws that protect them from being liable in a car accident law suit. Without user contracts, people could be suing companies left and right without any reasonable cause!
On the other hand, using a service that has multiple legal contracts and clauses may be a reluctant thing to do. It is important to review these statutes in order to be fully informed as to what the consequences may be in the event of a personal injury event, and to know what steps you can (or cannot) take.
Consulting with a personal injury attorney, contract attorney, and/or civil procedures attorney may be a good step to take if you have any questions with regards to a company’s user contract. At the end of the day, it is always best to be informed!
from Texas Bar Today http://ift.tt/2pLxLaA
via Abogado Aly Website