
How an UberEats Pizza Cost a Family Their Day in Court
Imagine being severely injured in a car accident and finding out that you might never get your day in court—all because your 12-year-old clicked to accept “Agree to Terms and Conditions” when ordering a pizza through UberEats. This is the shocking reality that couple Georgia and John McGinty from Princeton, N.J., recently faced after they were involved in a devastating crash while riding home in an Uber.
The Crash and Legal Fallout
In March 2022, the McGintys were heading home from dinner when their Uber driver T-boned another car. The accident left Georgia McGinty, 51, with multiple spine fractures, broken ribs, a hernia, and other injuries, requiring numerous surgeries and more than a year off work. John McGinty, 58, suffered a fractured sternum and severe fractures in his arm and wrist, leaving him with permanent damage.
The couple were forced to sue Uber to be fairly compensated for their injuries, but their case took an unexpected turn when Uber argued that they had waived their day in court. Uber pointed to a terms-of-service agreement that had been accepted when their 12-year-old daughter placed a pizza order on the UberEats app.
The Fine Print Nobody Reads
Many of us use apps like Uber and UberEats daily, quickly clicking “I agree” to terms of service that we never bother to read. In the McGintys’ case, their daughter was the one who placed the order using her mother’s UberEats account. When she clicked “I agree” to the terms, she unknowingly committed her parents to resolving any and all legal disputes they may have with Uber in a process called arbitration rather than going to court. This is a private process that is typically stacked in favor of large corporate defendants and less favorable to plaintiffs.
Arbitration clauses have become a common feature in contracts with companies like Uber. These agreements force disputes to be settled outside of court, often limiting the compensation available to victims and depriving them of the chance to have their case heard by a jury.
A Court Battle Over Arbitration
Initially, a New Jersey court ruled in favor of the McGintys, allowing their case to go to trial. However, in September 2024, an appellate court reversed this decision, ruling that the arbitration clause was enforceable—even though it was their daughter, not Georgia McGinty, who had clicked to accept the terms of service.
The court reasoned that Georgia had previously agreed to Uber’s terms when signing up for the app and had effectively authorized her daughter to accept the agreement on her behalf. This ruling highlights how easy it is for companies to enforce arbitration agreements, even when the person who clicks “agree” may not fully understand the consequences.
The Growing Impact of Arbitration Clauses
Arbitration clauses are increasingly common, especially in the digital world. They allow companies to avoid public lawsuits, reduce legal costs, and limit payouts to those they injure. While arbitration is often said to be faster and cheaper than court, it often benefits the company more than the injured party. Compared to juries, arbitrators typically award less than the full compensation needed to cover an injured person’s medical bills, lost wages, and ongoing pain and suffering.
For people like the McGintys, the consequences of a binding arbitration agreement can be devastating. Despite the severity of their injuries, they may never have the chance to present their case to a jury.
What Does This Mean for You?
The McGinty case is a stark reminder of the hidden dangers of clicking “I agree” without fully understanding the terms. Whether you’re ordering a pizza, hailing a rideshare, or using another app, you may be signing away your rights without realizing it.
Here are a few steps you can take to protect yourself:
- Read the Fine Print: It’s tempting to skip through long terms of service agreements, but they often contain critical information about your rights.
- Understand Arbitration: Many online services include arbitration clauses, which limit your ability to sue in court. Know what you’re agreeing to before you use an app.
- Be Cautious with Shared Accounts: If you share an account with family members, make sure they understand the consequences of clicking “I agree” on your behalf.
- Seek Legal Advice: If you’ve been injured in a crash involving a rideshare or delivery service, consult a lawyer to understand your rights and options, especially if an arbitration clause might apply to your case.
Helping Uber or Lyft Accident Victims Seek Justice
The McGintys’ case is an example of how arbitration clauses buried in digital agreements can have serious real-world consequences. If you or a loved one has been injured in a rideshare or delivery service crash, you may face similar challenges in seeking justice.
If you were injured riding in an Uber or Lyft vehicle or were hit by a delivery vehicle, Eugene Bruno & Associates can help. Over the years, the attorneys at our firm have represented many injured clients against corporate giants.
Our San Diego rideshare car accident attorneys will help you learn more about your rights and how we will fight to make sure your rights are protected. Contact us today at 1-888-BRUNO-88 (1-888-278-6688) for a free consultation.
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