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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. mcmcmc · · focus · HN ↗
          If you’re a taxi driver you have a duty of care not to dump your passengers on the side of a freeway where pedestrians aren’t allowed. Same with a railroad crossing
          1. joshstrange · · focus · HN ↗
            And if you stop the car because a passenger was yelling there was an emergency? If your passengers refuse to get back in the car and wander off?

            The “facts” of this event are highly contested and not at all clear. I’m not saying what I typed above is what happened, but it’s just as likely as the other scenarios presented. The linked PDF acknowledges this and presents a few of the conflicting statements made by the surviving passenger and the driver.

            1. mcmcmc · · focus · HN ↗
              I also read it and saw none of the witnesses were fully credible. None of the parties look good. That still doesn’t mean the driver can pull off in an unsafe location.
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