4 ms·

I'm curious, though, can an Uber driver be sued if they happen to take a passenger to a school and the passenger commits a mass shooting? How would the driver

I'm curious, though, can an Uber driver be sued if they happen to take a passenger to a school and the passenger commits a mass shooting? How would the driver even know the women is pregnant or going to get an abortion? It's not like there are clinics that ONLY do abortions.

paulgb 5y ago
> How would the driver even know the women is pregnant or going to get an abortion? It's not like there are clinics that ONLY do abortions. Ah, but that's the point. Any clinic that even thinks of performing an abortion will become a social pariah out of fear of repercussions.
- viraptor 5y ago
  See: people protesting around Planned Parenthood places.
commoner 5y ago
Anyone can be sued for any infraction of the law, but to establish that a defendant is "aiding and abetting", it needs to be shown that the defendant was aware that the offense would be committed: https://en.wikipedia.org/wiki/Aiding_and_abetting#United_States https://en.wikipedia.org/wiki/Aiding_and_abetting#United_Sta... However, since this law leaves the defendant liable for legal fees, it could be used to financially harm any defendant whether or not the allegation has merit.
- paulgb 5y ago
  That's for a specific provision of criminal law, but SB8 creates a civil liability even when the person did not know that the abortion being performed is illegal: “regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter”
  - commoner 5y ago
    Ah, thanks for the correction. > Civil liability for aiding and abetting, however, represents a very underdeveloped theory within common law tort. Courts have stated, seemingly in jest, that precedents in this area of law are "largely confined to isolated acts of adolescents in rural society." https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1628&context=vlr&sa=U https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?a... Looks like uncharted waters.

paulgb 5y ago

> How would the driver even know the women is pregnant or going to get an abortion? It's not like there are clinics that ONLY do abortions. Ah, but that's the point. Any clinic that even thinks of performing an abortion will become a social pariah out of fear of repercussions.

viraptor 5y ago
See: people protesting around Planned Parenthood places.

commoner 5y ago

Anyone can be sued for any infraction of the law, but to establish that a defendant is "aiding and abetting", it needs to be shown that the defendant was aware that the offense would be committed: https://en.wikipedia.org/wiki/Aiding_and_abetting#United_States https://en.wikipedia.org/wiki/Aiding_and_abetting#United_Sta... However, since this law leaves the defendant liable for legal fees, it could be used to financially harm any defendant whether or not the allegation has merit.

paulgb 5y ago
That's for a specific provision of criminal law, but SB8 creates a civil liability even when the person did not know that the abortion being performed is illegal: “regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter”
- commoner 5y ago
  Ah, thanks for the correction. > Civil liability for aiding and abetting, however, represents a very underdeveloped theory within common law tort. Courts have stated, seemingly in jest, that precedents in this area of law are "largely confined to isolated acts of adolescents in rural society." https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1628&context=vlr&sa=U https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?a... Looks like uncharted waters.