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Uber arbitration award over Emily Normandin-Parker’s death

159 points · 192 comments · dataflow

  1. calibas · · focus · HN ↗
    > Stone rejected Uber's argument that it is "merely a technology company" connecting riders with drivers, finding that Uber provides transportation services to the public through its app, sets prices and controls key aspects of the rider experience.

    > The arbitrator also rejected Uber's argument that Proposition 22 -- a California ballot measure approved by voters in 2020 that allows companies to classify app-based drivers as independent contractors instead of employees -- prevented the company from being held liable for Tran's conduct.

    The dream of every major tech company, making ridiculous profits while taking zero legal responsibility for what you create...

    1. xhkkffbf · · focus · HN ↗
      The bad guy here is the driver. Could Uber have done more? That's what the arbitrators concluded.

      But the reality is that this is a victory for the driverless cars (Waymo, Tesla, etc.). If you want to force Uber to take responsibility for the driver, the simplest thing is to get rid of the driver.

      1. joshstrange · · focus · HN ↗
        > The bad guy here is the driver.

        We can agree that the driver made bad choices but I feel like you are skimming over the 2 women's responsibility in this situation. Intoxicated to the point of vomiting, arguing over the cleaning fee, and wandering away from the car while parked, yes illegally, on the freeway.

        Not sure what your experiences have been with drunk people but I can tell you that dealing with 1 drunk person can be hard to control, let alone 2.

        I'd be interested to hear where other people draw the line on the driver's culpability. If he left them at a gas station and one of them was still hit and killed by a car would he still be at fault? In my mind Uber/Lyft provide transportation, they aren't babysitters, there has to be a limit to their responsibility. Perhaps the driver was more at fault here but this outcome (how the driver reacted) is not in the slightest bit surprising to me given everything I know about Uber and how it treats drivers and passengers.

        1. SirSavary · · focus · HN ↗
          Why don’t you read the case in question before wildly speculating as to the responsibilities of a rideshare driver?

          You can’t dump your passengers on the freeway, for any reason. It’s not safe for them or for the other drivers on the road.

          1. joshstrange · · focus · HN ↗
            I did read it. In fact, I read a good bit of the PDF, not just the wiki. There are a lot of unanswered questions, and the PDF admits that. No one can seem to agree on exactly what happened or the sequence of events.

            What’s not in question is that the two women were extremely intoxicated to the point of vomiting on themselves. The PDF alleges that one of the women shouted that there was an emergency, which is what originally caused the driver to pull over where he did.

            It’s still not clear to me how much of this was the driver forcing them out and leaving them, and how much was they got out, refused to pay the cleaning fee, and so he just left them.

            We aren’t getting clear views of what happened at all from the two people left alive.

            1. fragmede · · focus · HN ↗
              What we can ask, however, is why isn't there a worldwide " I need help" button? Doesn't matter what your problem is, of what variety, you need help. The driver could have rang that, either of the women could have. Instead, one of the three people are dead. Oh well.
              1. joshstrange · · focus · HN ↗
                I’m not at all trying to downplay Uber’s responsibly here, I also am not pretending the driver is not at fault, however everyone seems to want to put the full/majority of the blame on the driver while reserving a bit for Uber as well. This whole subthread posits that self-driving cars would solve this (I find that laughable).

                My point is: where do we draw the line? Intoxicated people are going to act irrationally and at what point does “low paid person who shuttles people from point A to point B” become responsible for the actions of their riders?

                It’s still unclear how much of this was “forced out of the car” and “got out to argue and refused to get back in”, the timeline of events is incredibly muddy (as the linked PDF agrees) and having dealt with very intoxicated people I can easily imagine the challenges the driver (who doesn’t appear to speak English well or at all given they needed a translator in the arbitration) faced dealing with 2 drunk and irrational passengers.

                Let me be crystal clear, I don’t at all think “oh well, someone died”. But attacking the driver isn’t going to fix the system that caused this.

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