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Federal Jury Says Uber Liable for Rape Committed by Driver

Breaking new ground, an Arizona jury awarded Jaylynn Dean $8.5 million after being raped by an Uber driver during a ride. The jury deliberated for two days before deciding to hold Uber liable for Dean’s November 2023 rape. Uber maintained throughout the lawsuit that it was not liable for driver misconduct because its drivers were independent contractors, not employees. However, the jury found Uber responsible for criminal acts committed by a driver while working for the company. The court dismissed Dean’s claims that the company was negligent in its safety practices and that the app was defective. Dean’s attorneys had asked for $144 million in punitive damages. The jury, however, did not find that the company’s actions were “outrageous, oppressive, or intolerable” or that they created a substantial risk or significant harm.

Uber plans to appeal the jury’s verdict based on its belief that the court gave erroneous instructions to the jury. Some internal documents produced at trial reflected that Dean’s ride was flagged as a higher risk for a serious safety incident. Still, the company did not warn her, with an executive testifying it would have been “impractical” to do so. During the trial, Uber’s attorneys said the driver had no criminal history, strong passenger ratings, and had completed all required training.

Dean said she brought the lawsuit as a warning to other women who may think using Uber is a safe and smart choice. There are more than 3,000 pending sexual assault and sexual misconduct lawsuits against Uber, with some twenty of them expected to set legal precedent for the remaining cases. Uber is seeing increased scrutiny based on reports that sexual assault and sexual misconduct reports are much higher than the company admits. In an earlier case, a California jury found Uber was not liable for sexual misconduct.

Takeaways: This case does not yet reflect established precedent. However, employers using independent contractors should monitor Uber’s appeal in this case and whether other Uber cases similarly hold companies liable for the criminal acts of independent contractors.