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In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation

United States District Court for the Northern District of California
745 F. Supp. 3d 869 (2024)

Written by Jamie Milne, JD

Facts

Rideshare company Uber Technologies, Inc. (Uber) (defendant) developed and distributed a mobile-phone application (the Uber app) that users could download to their phones to schedule and pay for rides provided by Uber drivers. Several passengers who were sexually assaulted by Uber drivers (the passengers) (plaintiffs) sued Uber, asserting various claims, including a claim for strict products liability. The products-liability claim alleged that the Uber app was defective because it did not include features to mitigate the risk of sexual assault while using the app. Specifically, it alleged failures to (1) include video or audio monitoring of rides, (2) include a GPS-based tracking system alerting users to drivers’ route deviations, (3) provide biometric scanning to verify drivers’ identities, (4) offer timely assistance during unsafe rides, (5) perform background checks on drivers, (6) enact a zero-tolerance policy for drivers with records of inappropriate conduct, and (7) monitor rides to detect patterns of sexual assault. Uber moved to dismiss the products-liability claim, arguing that (1) the Uber app was not a product, and (2) even if the app was a product, products liability did not apply because Uber transactions primarily concerned the provision of a service, not a product.

Rule of Law

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Holding and Reasoning (Breyer, J.)

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