A) If someone acting on behalf of a company does something bad, the company is at fault.
B) Jury is going to Jury. I imagine Uber might offer to settle at a fraction of that for an immediate payout versus dragging it out with appeals to lower the amount etc. The family might take a smaller sum immediately, rather than an unknown sum years later.
Uber drivers broadly are considered independent contractors. The driver as an individual stopped the car and forced them out, because they were puking in his private vehicle. It wasn't the Uber app saying stop here and get out/force them out, to my knowledge.
Yup. Instances like this, the Clancy trial, and others really highlight the flaws in our jury system when considering the complexities of the modern world/legal system.
Uber should present itself differently, then, to users and should clearly warn them that they may be subject to capricious and potentially negligent actions by those with whom it contracts to drive. I suspect that the average user doesn’t make a distinction between Uber and driver, and possibly assume that drivers are trained to act in a safe manner.
It's Uber forcing the matter into arbitration: "By agreeing to these Terms, you agree that you are required to resolve any claim and/or lawsuit that you may have against Uber on an individual basis in binding arbitration as set forth in this Arbitration Agreement..."
The driver was acting on behalf of Uber and was found to have acted in a negligent manner. Whose fault was this, if not Uber’s? If not $40M, what should this young woman’s life be valued at?
The driver's fault. Is there any evidence it was Uber's policies or actions that caused this?
The US government values a statistical life at anywhere from $7 to $12M. Is there any evidence that this woman's lifetime earnings would've exceeded that? If it's a "feels" argument, why not $80M or $200M?
The US government values a statistical life at anywhere from $7 to $12M. Is there any evidence that this woman's lifetime earnings would've exceeded that?
Thats not what that means. "... when conducting a benefit-cost analysis of new environmental policies, the Agency uses estimates of how much people are willing to pay for small reductions in their risks of dying from adverse health conditions that may be caused by environmental pollution. [...] these estimates of willingness to pay for small reductions in mortality risks are often referred to as the "value of a statistical life.”[0]
Is there any evidence it was Uber's policies or actions that caused this?
The arbitrator/judge believed there was enough that the company was legally responsible for the conduct and issued a fine to the company for that failure of responsibility to be paid to the parents -- not because he decided that was how much she was worth
Wild that they think this is A) Uber's fault or B) worth $40M.
A) If someone acting on behalf of a company does something bad, the company is at fault.
B) Jury is going to Jury. I imagine Uber might offer to settle at a fraction of that for an immediate payout versus dragging it out with appeals to lower the amount etc. The family might take a smaller sum immediately, rather than an unknown sum years later.
Uber drivers broadly are considered independent contractors. The driver as an individual stopped the car and forced them out, because they were puking in his private vehicle. It wasn't the Uber app saying stop here and get out/force them out, to my knowledge.
Yup. Instances like this, the Clancy trial, and others really highlight the flaws in our jury system when considering the complexities of the modern world/legal system.
Uber should present itself differently, then, to users and should clearly warn them that they may be subject to capricious and potentially negligent actions by those with whom it contracts to drive. I suspect that the average user doesn’t make a distinction between Uber and driver, and possibly assume that drivers are trained to act in a safe manner.
As the article noted, this was not a jury trial, this was decided by an arbitration judge.
Arbitrators going to arbitrate then. There's a reason why you want to settle before jury verdicts and opt of arbitration whenever possible.
It's Uber forcing the matter into arbitration: "By agreeing to these Terms, you agree that you are required to resolve any claim and/or lawsuit that you may have against Uber on an individual basis in binding arbitration as set forth in this Arbitration Agreement..."
I don't think that should really matter when you're engaging in activities that are "on duty"
The driver was acting as a representative of Uber. They were on a job for Uber.
The driver was acting on behalf of Uber and was found to have acted in a negligent manner. Whose fault was this, if not Uber’s? If not $40M, what should this young woman’s life be valued at?
The driver's fault. Is there any evidence it was Uber's policies or actions that caused this?
The US government values a statistical life at anywhere from $7 to $12M. Is there any evidence that this woman's lifetime earnings would've exceeded that? If it's a "feels" argument, why not $80M or $200M?
Lifetime earnings? That is a very poor measure of a person's life.
That's what happens when you live in a company, not a country.
Thats not what that means. "... when conducting a benefit-cost analysis of new environmental policies, the Agency uses estimates of how much people are willing to pay for small reductions in their risks of dying from adverse health conditions that may be caused by environmental pollution. [...] these estimates of willingness to pay for small reductions in mortality risks are often referred to as the "value of a statistical life.”[0]
The arbitrator/judge believed there was enough that the company was legally responsible for the conduct and issued a fine to the company for that failure of responsibility to be paid to the parents -- not because he decided that was how much she was worth
[0] https://www.epa.gov/environmental-economics/mortality-risk-v...
The judge “concluding the company is legally responsible for the conduct of its driver”.
I’m not a layer, but doesn’t that open up a precedent where others could be more willing sue Uber now for damages caused by their driver?
Good. Companies shouldn't be able to get out of having good public behavior just by not having employees