A federal jury in North Carolina has found rideshare company Uber liable for the actions of a driver who allegedly grabbed a passenger’s inner thigh and made inappropriate remarks during a trip.
The jury in Charlotte awarded the plaintiff $5,000 in damages, according to her legal team, in a case that forms part of a wider wave of sexual assault lawsuits against the company across the United States.
The incident involved a passenger who said the driver touched her as she was exiting the front seat of his vehicle and asked if he could “keep her” with him.
This is the third such “bellwether” trial in ongoing litigation involving Uber. In earlier cases, a federal jury in Arizona ordered the company to pay $8.5 million in damages over a separate alleged rape case, while another jury in California previously found Uber not liable in a similar claim.
Uber said in a statement that the relatively small award in the North Carolina case and the jury’s finding of battery rather than sexual assault showed the need for appeal, arguing that the case was not correctly decided under liability instructions.
The company has long maintained that it is not responsible for driver misconduct because its drivers are classified as independent contractors rather than employees.
However, U.S. District Judge Charles R. Breyer ruled that Uber qualifies as a “common carrier” under North Carolina law, meaning it can be held responsible for passenger safety. He noted that the company markets itself as a transportation provider and exercises significant control over ride safety.
The judge also pointed out that North Carolina law does not exempt rideshare companies from such liability, unlike some other states.
The plaintiff’s attorneys said Uber had selected this case as a test case, expecting to win, and argued that the jury’s decision could strengthen other pending lawsuits.
During the trial, the jury heard testimony from the driver, the plaintiff, and supporting witnesses. Uber said the driver denied the allegations and that the company only became aware of the complaint years later when the lawsuit was filed.
Further bellwether trials in the broader case are expected to continue, including another scheduled hearing in San Francisco in the coming months.
