Uber’s Duties when Dropping off Passengers
Does an Uber (or other rideshare) driver owe a duty of ordinary care in choosing where and how to offload passengers?
Yes, according to the California Court of Appeal decision in Mason v. Uber Technologies, Inc.
The facts of the case are somewhat unusual. Francisco Madamba transported 4 passengers as an Uber driver in San Francisco on February 27, 2017. As he arrived at his passengers’ destination, he parked in a red zone and turned on his hazard lights to allow the passengers to exit the car.
Just as the left-rear passenger opened her door to get out, a garbage truck was passing by. A sanitation worker named William Mason was riding on the back step of the garbage truck. The opening car door collided with Mason, knocking him off the truck and causing serious, traumatic injuries.
Mason sued Uber, as well as Madamba, arguing that the driver was negligent in offloading his passengers in that way. Mason argued that his injury was foreseeable (and thus preventable) because the left-rear passenger would need to open the car door and exit into traffic.
The Court agreed.
It provided a lengthy analysis, holding that it is reasonably foreseeable that a passenger exiting a vehicle parked alongside a city street may open a car door into traffic as they are exiting the vehicle. Passengers getting out of a rideshare vehicle may be distracted, unfamiliar with locations to which they have been driven, impaired, or simply not paying attention. Given the high volume of traffic on city streets, it is not surprising such accidents may occur, and that Uber drivers would be aware of these risks. (Taken verbatim from the case.).
The Court also pointed out that the interests of preventing future harm are best served by a policy that requires drivers on busy city streets to exercise due case in selecting a safe location to offload passengers.
Even though the Mason case is an “unpublished decision”—which means parties cannot cite to it in future cases—the case confirms that Uber and other rideshare drivers owe ordinary duties of care in choosing where and how to offload their passengers.
We all use Uber. The rideshare services plays an important role in today’s gig economy. But safety comes first, and Uber drivers must exercise reasonably prudent practices when they reach their passenger’s destinations. This includes the duty of ordinary care in choosing where and how to drop off passengers.
My office has experience with Uber and Lyft accidents. If you were injured in an Uber or Lyft accident in Los Angeles or anywhere in Southern California, please do not hesitate to reach out.
My office is ready to assist, 24/6.
