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Because that's not how product liability works, like at all. You can, as you say, blame the driver. It's not clear from my reading the article who is at fault
by jmyeet 2y ago
Because that's not how product liability works, like at all.
You can, as you say, blame the driver. It's not clear from my reading the article who is at fault here for the accident. But there's a broader liability issue: does Uber engage in practices that make such an accident more likely? Do they do so knowing this?
Example: imagine Uber lets a driver continually take rides for 30 hours straight. At some point the driver is fatigued and is more likely to crash. This is a foreseeable issue so, if it were true (and I'm not saying it is; this is just an example), Uber could still be liable.
The Uber ToS of course seek to limit liability by forfeiting rights and submitting to binding arbitration. This state court has upheld the enforceability of the Uber ToS. That's not binding on any other state so this has a long way to go before becoming a useful legal precedent.