Uber Class Action Alleges Violence, Sexual Assault, Rape by Drivers

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Uber has failed to do enough to protect its passengers from being sexually assaulted or harassed by Uber drivers, according to a new class action lawsuit.

Two plaintiffs, named in the complaint as Jane Doe 1 and Jane Doe 2, say they were subject to sexual assault that could have been prevented had Uber taken reasonable steps to ensure passenger safety.

Jane Doe 1 of Miami says the first time she used Uber, she lost consciousness during the ride. Her driver then carried her inside her apartment and sexually assaulted her, she says. The driver is currently facing criminal prosecution for two counts of sexual battery.

In California, Jane Doe 2 alleges she fell asleep in the back seat of her Uber driver’s car. She awoke to find the car parked and her driver assaulting her. The driver followed her into her home and continued the assault, she says.

The complaint recount several similar stories of assault reported by Uber passengers. The plaintiffs say the number of reported instances of rape and sexual assault of female passengers by male Uber drivers has skyrocketed lately. Thousands of passengers have reported such incidents since Uber began in 2010, plaintiffs say.

Enough incidents have been reported to put Uber on notice that something needs to be done, according to this Uber class action lawsuit. Plaintiffs say Uber should have significantly improved its procedures for screening potential drivers, provided effective safety features in its mobile app, and disclosed relevant terms of its insurance coverage.

“Instead, over the last seven years, Uber has done everything possible to continue using low-cost, woefully inadequate background checks on drivers and has failed to monitor drivers for any violent or inappropriate conduct after they are hired,” the plaintiffs say.

“Nothing meaningful has been done to make rides safe for passengers – especially women.”

The plaintiffs say Uber’s failure to exercise adequate control over its drivers puts female passengers in an exceedingly vulnerable position. Drivers are allegedly free to drive off-route to secluded spots and lock the vehicle doors. Some passengers have reported their Uber driver dropped them off at their homes, followed them inside, and assaulted them.

Uber allegedly considers the driver “off app” under these circumstances and therefore outside the company’s control.

The Uber class action lawsuit offers a long list of ways Uber could protect passengers from sexual assault, such as by conducting more in-depth driver screening, installing GPS trackers and tamper-proof video cameras in driver’s cars, and adding a panic button to the passenger’s mobile app.

This sexual assault class action lawsuit is just one action in a wave of litigation related to Uber’s gig-economy business structure. Uber has maintained for years that it is merely a technology company that offers drivers and passengers a platform on which to contact each other and arrange a ride. The company insists it is not in the transportation business.

This business structure allegedly lets Uber evade regulatory oversight that among other things would help prevent harm to passengers, according to the plaintiffs.

The plaintiffs note that although their complaint frequently refers to female passengers, their Uber class action lawsuit also addresses reports of assault committed against male passengers.

The two plaintiffs propose to bring this Uber class action lawsuit on behalf of a plaintiff Class that would cover all individuals in the U.S. who within the last four years used the Uber app to get a ride and were subject to rape, sexual assault, gender-motivated violence or harassment by their Uber driver.

They seek a court order requiring Uber to take all affirmative steps necessary to remedy the effects of the conduct described and to take new steps designed to protect passengers from sexual assault. They also seek an award of compensatory and punitive damages, court costs, attorneys’ fees, and any other relief the court sees fit to grant.

The plaintiffs are represented by attorneys Jeanne Christensen and Elizabeth Chen of Wigdor LLP and by Jamie Couche of Anderson & Poole PC.

The Uber Sexual Assault Prevention Class Action Lawsuit is Jane Doe 1 and Jane Doe 2 v. Uber Technologies Inc., Case No. 3:17-cv-06571, in the U.S. District Court for the Northern District of California.

UPDATE: On April 26, 2018, 14 women have asked Uber Technologies Inc.’s board of directors to release them from an arbitration provision contained in the Uber app so that they can pursue claims of rape, sexual assault, harassment and gender-motivated violence in the courts rather than in arbitration.

UPDATE 2: On Dec. 17, 2018, Uber riders who filed a class action lawsuit arguing that the ride-hailing service didn’t do enough to prevent rape and sexual assault of its passengers by drivers have agreed to have their claims dismissed.