A federal jury in Charlotte, North Carolina, found Uber liable for the actions of a driver who grabbed a passenger’s inner thigh while she was exiting the vehicle and asked if he could “keep her” with him. The jury awarded the plaintiff $5,000 in damages, according to Ellyn Hurd, one of the plaintiff’s attorneys.
This case is part of a larger group of sexual assault lawsuits brought against Uber across multiple states and is the third to go to trial. Previously, a federal jury in Arizona ordered Uber to pay $8.5 million to a woman who alleged she was raped by an Uber driver, while a California jury last year found Uber not liable in a similar claim.
In response to the North Carolina verdict, Uber highlighted the relatively low damages awarded and emphasized the jury’s finding of battery rather than sexual assault. The company also announced plans to appeal, asserting that the jury received incorrect instructions concerning liability.
The presiding judge, U.S. District Court Judge Charles R. Breyer, ruled that Uber qualifies as a “common carrier” under North Carolina law, which made it responsible for the driver’s conduct. In his ruling, Judge Breyer noted that Uber advertises and exercises significant control over its rides and passenger safety, distinguishing it from other gig economy platforms whose drivers are treated as independent contractors.
Unlike states such as Florida and Texas, North Carolina has not exempted rideshare companies from common carrier liability, meaning Uber can be held accountable for drivers’ actions committed during rides.
The driver denied the allegations, and Uber pointed out that the plaintiff did not report the incident to law enforcement; the company only became aware when the lawsuit was filed three years later. However, the jury heard testimony from the plaintiff, the driver, and friends who corroborated the plaintiff’s account during a trial that lasted from Wednesday until Monday.
Judge Breyer, based in San Francisco, will oversee two more sexual assault test cases against Uber, with the next hearing scheduled for mid-September.
Why it matters
This ruling challenges Uber’s long-held position that it is not liable for drivers’ misconduct due to their independent contractor status. The court’s classification of Uber as a common carrier under North Carolina law could influence liability standards in other jurisdictions, impacting how rideshare companies manage passenger safety and legal responsibility.
Background
Uber has faced widespread criticism over its safety record amid thousands of reported incidents involving sexual assault by both drivers and passengers. The company has consistently maintained that it is not legally responsible for drivers’ actions because they are contracted, not employed, by Uber. However, evolving court decisions, like this recent verdict, signal a shift in legal interpretations of rideshare liability.
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