Photo: Diego M. Radzinschi/ALMNew York Top Court Says Clickwrap Assent Binds Plaintiff's Personal-Injury Claim to Arbitration in Uber Case
The New York Court of Appeals sided with Uber Technologies on Monday, sending a personal-injury claim to arbitration after the plaintiff mistakenly assented to the forum on a clickwrap.
November 25, 2024 at 03:13 PM
5 minute read
What You Need to Know
- The New York Court of Appeals sided with Uber Technologies on Monday, sending a personal-injury claim to arbitration after the plaintiff mistakenly assented to the forum in a routine click on her cellphone.
- The plaintiff sued the ride-hailing service after an Uber driver let her out in the middle of a street in Brooklyn, where she was struck by another vehicle.
- In 'Wu v. Uber Technologies,' the plaintiff had filed suit in a New York trial court, but later clicked the consent button on a mass email from Uber informing customers of changes to its terms of use, including a hyperlink to changes to its arbitration agreement and procedures and rules for filing a dispute against Uber.
A user of Uber Technologies' ride-hailing services suing the company in a trial court for personal injuries, but later said she assented to have disagreements heard by an arbitrator after mistakenly making a routine click on her cellphone, is bound to the latter forum, New York's top court said in a split decision on Monday.
The New York Court of Appeals affirmed two lower courts' rulings that said an agreement to arbitrate existed between the plaintiff and San Francisco-based Uber and that the company did not run afoul of ethics rules by contacting the plaintiff.
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