A new mass action accuses rideshare operator Uber of not doing enough to stop sexual assaults on female passengers by rideshare drivers.
Multiple unnamed women, identified only as Jane Doe, filed suit recently in San Francisco County Superior Court accusing Uber Technologies on multiple counts of negligence, sexual assault and battery, false imprisonment, fraud, and misfeasance and malfeasance for failure to alert and prevent sexual assault of its female riders by operators while using Uber's transportation services.
The brand Uber has become synonymous with taxi-alternative on-demand transportation since its launch in 2009 as the first app based rideshare service in the U.S. Uber has spread across both small and major metropolitan areas.
Passengers pay Uber a fee in exchange for safe passage to their destination. Uber's own declaration to the public assures riders that “safety is our top priority...it is our goal to make every ride safe, comfortable, and reliable.”
In their complaint, the 17 "Jane Doe" plaintiffs describe a far different experience, purporting that Uber's acknowledgement of and subsequent response to ongoing reports of sexual assault from female riders allegedly attacked by its operators is inadequate. They assert the company's driver recruitment practices do not subject Uber driver candidates to sufficient background checks to screen out sexual predators.
While the overarching complaint of this case is of a single mind, that these Plaintiffs allege they were sexually assaulted to one degree or another, each of the plaintiffs has related a testimony unique to their Uber ride experience. Each of the Plaintiffs allege a common theme of unwanted, unsolicited sexual advances or contact by their drivers. Claims range from unwanted physical contact to threats of physical harm to plaintiffs asserting they were stalked by their driver.
Without regard to segregating each individual claim as to its severity, claimants continue to accuse Uber of what they perceive as a reckless negligent ignorance for failing to curb their driver behavior, alert riders as to the potential of compromised safety, and take actionable steps to better screen driver applicants going forward to prevent the unforeseen hiring of known sexual predators.
As with previously filed claims aimed at Uber for similar accusations, this most recent mass action echoes assertions that “since 2014, Uber has received frequent passenger complaints about driver sexual misconduct, including sexual assault and rape, (having) been notified of police investigations of the criminal sexual conduct of drivers acting within their capacity as Uber drivers, and it has been the subject of numerous civil suits alleging the sexual harassment and sexual assault of Uber’s passengers by Uber’s drivers.”
Plaintiffs accuse Uber of a marketing message concerning passenger security that is little more than lip service, providing no concrete evidence of proactive measures to prevent what is alleged as deplorable behavior by agents representing Uber as a brand, profiting at the same juncture at the expense of sexual assaults on its female riders who contracted safe service in good faith..
Plaintiffs are demanding a trial by jury, special damages for physical injury or pain, mental pain and suffering, loss of earnings, medical expenses, punitive damages, court costs and legal fees.
The unnamed plaintiffs are represented by attorneys William A. Levin and Laurel L. Simes of Levin Simes, of San Francisco.