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Uber's safety record is put under scrutiny by a sexual assault trial that took place in Arizona

Uber will be on trial in Phoenix, Arizona this week, for a sexual assault lawsuit filed by a woman who claims she was sexually abused by a driver that she booked through the Uber app.

Uber will face its first trial to test their efforts to shield themselves from liability for alleged assaults by their drivers. Thousands of cases are pending before U.S. Federal Court.

Jaylynn Dean, a resident of Oklahoma, sued Uber in 2023. This was one month after the alleged attack in Arizona. She claimed Uber was aware that a number of sexual assaults were being committed by their drivers, but failed to do anything to improve safety for its riders. These claims have plagued the company for years, attracting headlines and Congressional attention. Uber faces more than 3,000 lawsuits involving similar claims, which have been consolidated before a federal court. The outcome of Dean's case, which is viewed as a "bellwether", or test case, for the litigation could be used to estimate the value of all the lawsuits in the event of a mass settlement or resolution.

Uber's safety record is closely monitored by regulators, and the outcome of this litigation could have a negative impact on its balance sheet.

Uber has claimed that it shouldn't be held responsible for criminal behavior by drivers using its platform. It says its background checks are sufficient, as is its disclosure of assaults. Uber maintains that drivers are independent contractors and not employees. However, it can't be held responsible for any actions outside of their scope of duties.

Dean's representatives declined to comment.

Uber's spokesperson said in a statement released before the trial that the company takes all reports of sexual assaults very seriously, and continues to invest in technology to prevent harm.

The spokesperson stated that safety is fundamental to Uber and the company's commitment to protect users on the platform would never cease.

LIABILITY TEST CASE

Dean's lawsuit claimed that she was drunk when she hired Uber to drive her from her boyfriend’s house to her hotel.

Dean claims in his lawsuit that the driver harassed her during the drive before stopping the vehicle and raping Dean. The company faces more than 500 cases in California state courts in addition to those in federal court. In September, Uber won the first trial in California state courts over the lawsuits. A jury found Uber negligent for the safety measures it took to protect the woman but did not find that negligence to be a significant factor.

Uber has been involved in numerous safety issues, including accusations of lax driver screening and a culture that critics say prioritizes growth over passenger safety. Safety has been a major focus for the company in recent years. It published U.S. Safety Reports detailing reported sexual assaults. Features such as video and audio recording, anomaly detection and in-app 'ride verification' have also been introduced.

Uber's rival Lyft faces similar lawsuits both in state and federal courts, but there is not a coordinated federal litigation.

Uber tried to delay the case of Dean after her lawyers accused Uber of tainting a jury pool by running an advertisement that claimed Uber was notified about a sexual crime every eight minutes. Uber claimed that the claims made in the campaign were false.

The motion was denied by U.S. district judge Charles Breyer who oversees the mass litigation, and will hear Dean’s case. This allows the trial to proceed. (Reporting from Diana Novak Jones and Akash Sriram, in Bangalore; Editing by Alexia Garamfalvi & Rosalba o'Brien).

(source: Reuters)