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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. jester997 · · focus · HN ↗
          If you don’t punish the corporation they won’t ensure they vet their employees and have strict policies and procedures around handling customers.

          So in my mind the driver was at fault criminal negligence, but when the driver can be any untrained pleb with a phone, the company assumes the risk and should be held liable.

          1. joshstrange · · focus · HN ↗
            I’m not at all opposed to Uber getting slapped. I just think that “the driver is the bad guy” is incredibly reductionist and absolves Uber of the responsibility that I think we both agree that hold.
            1. jester997 · · focus · HN ↗
              The driver IS the bad guy. Any driver who stops and forces their customers onto a freeway doesn’t know how to drive, let alone shuttle people around for money. They would rather put people at risk than spend an hour cleaning their car. This is practically the definition of criminal negligence.
              1. redsocksfan45 · · focus · HN ↗

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