Uber found liable in precedent-setting sexual assault case
Uber will pay millions in damages following a decision by a Phoenix jury that deems the company liable for rape and violence perpetrated by drivers against passengers.
The case sets a legal precedent for more than 3,000 pending sexual assault and sexual misconduct lawsuits against the ride share company, the New York Times reports, following a California court decision that found Uber wasn't liable for a rider's assault. Instead, the Phoenix jury found that Uber can still be held to account for the misconduct of drivers even if they pass background checks and safety benchmarks.
The suit was brought by passenger Jaylynn Dean, who first reported her Uber driver had isolated and raped her in Nov. 2023, and accused Uber of failing to implement safety provisions that could have prevented the assault. Her team presented internal documents that showed Uber flagged the potential for a "serious safety incident" before she was picked up, but she did not receive a warning from the app.
Despite agreeing to liability, the jury didn't find that the company's actions were “outrageous, oppressive, or intolerable” or "created substantial risk or significant harm," reducing the requested $144 million in damages to $8.5 million. The driver was previously banned from the app, but isn't facing criminal charges.
"This verdict affirms that Uber acted responsibly and has invested meaningfully in rider safety. We will continue to put safety at the heart of everything we do," said Uber spokesperson Matt Kallman. The company says it plans to appeal the decision.
Previously sealed court documents, submitted as part of several lawsuits leveled against Uber in recent history, show a pattern of safety failures and a rise of sexual assault reports between 2017 and 2022. A recent investigation found that drivers with violent felony convictions were allowed on the platform in at least 22 states. In response, Uber has added additional safety tools, including gender-specific ride matching. A cohort of male drivers later sued the company for alleged discrimination.
"I’m doing this for other women who thought the same thing I did, that they were making the safe and smart choice — but that, you know, there are risks of being assaulted," Dean said on the witness stand.