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Uber Sued in Arizona Over Driver Sexual Assault Claims

Uber’s Safety Record Under Scrutiny in Landmark Sexual Assault Trial

– Uber is facing intense scrutiny as a federal trial in Arizona examines allegations that the ride-sharing giant failed to adequately protect passengers from sexual assault by its drivers. The case, brought by Jaylynn Dean, centers on an alleged rape that occurred in November 2023, and is the first bellwether trial stemming from a massive multidistrict litigation involving over 3,700 plaintiffs across 30 states.

Dean alleges she was sexually assaulted by driver Hassan Turay after requesting a ride from a bar in Tempe, Arizona. According to her lawsuit, Turay ended the ride prematurely and then assaulted her while she was lying in the backseat of the vehicle, feeling unwell due to a reaction between her anxiety medication and alcohol. She subsequently reported the incident to both police and Uber.

The trial, which concluded closing statements on Tuesday, is focused on three key legal questions: whether Uber acted negligently in protecting passengers, whether the Uber app was defectively designed due to a lack of safety features, and whether Uber can be held responsible for the actions of drivers who appear to be acting as company representatives. Dean’s attorney, Deborah Chang of Chang and Klein LLP, argued for $24 million in compensatory damages to cover past and future mental health harms, and an additional $120 million in punitive damages to punish Uber for what she described as lax safety standards.

Uber denies liability, asserting that its drivers are independent contractors and not employees of the company. This argument was presented in court as a defense against the claims of negligence. The company reportedly maintains that it didn’t receive any credible sexual misconduct complaints about Turay until 2023.

The case is significant as it represents the first test of numerous similar lawsuits consolidated before Judge Charles Breyer in the U.S. District Court for the Northern District of California (MDL No. 3084). While This represents the first federal bellwether trial, Uber previously won a similar consolidated proceeding in state court in San Francisco last September.

Testimony during the three-week trial included that of Sachin Kansal, Uber’s Chief Product Officer. Kansal acknowledged that the company had “fallen short” in its efforts to protect riders, stating, “I first want to say we have not done enough. There’s a lot more that we have to do. There were big gaps in terms of what features we should have.” He indicated that safety became a higher priority after a change in company leadership in 2017.

Plaintiffs in the case argue that Uber deliberately delayed implementing safety features that could have prevented assaults. These features include wider use of in-app audio recording, dashboard or in-vehicle camera options, a “women-preferred” matching feature allowing female riders to request female drivers, and more robust screening and monitoring systems to identify high-risk rides. Internal company emails presented in court reportedly suggest Uber considered these features years ago but hesitated due to legal and logistical concerns.

The trial highlights a disparity in Uber’s rider demographics, with approximately 50% of riders being women, but only 15-20% of drivers identifying as female. This imbalance is cited by plaintiffs as a contributing factor to the increased risk of sexual assault.

The outcome of this trial could have significant implications for Uber and the broader rideshare industry, potentially leading to substantial settlement amounts for other plaintiffs involved in the multidistrict litigation. A jury recently awarded an $8.5 million verdict in another Uber sexual assault case as part of the MDL, signaling a willingness by juries to hold the company accountable for passenger safety.

Uber is actively accepting new cases from survivors of alleged assaults and can be contacted at 800-553-8082 or online.

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