SUMMARY
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MANILA, Philippines – The United States branch of ridesharing company Uber asked a US court Tuesday, April 7, to dismiss a lawsuit filed by the alleged victim of a rape and assault case in New Delhi, India.
Reuters reported the woman sued the US service in a federal court, claiming insufficient safety procedures were in place. Uber US claims that that court should dismiss the suit, arguing that they are not the correct party. Uber operates a ride sharing application where riders can be paired up with drivers via the app and pay for their ride using a credit card on file on their user accounts.
“While Plaintiff undoubtedly can state a claim against her alleged assailant, she cannot state a claim against Uber US, which is the wrong party. Nor does California law govern a dispute involving an alleged wrong committed by one Indian citizen against another Indian citizen, in India,” Uber US said in its filing.
Uber claimed it had no relationship with the alleged assailant whose contract was with Uber B.V., a Netherlands-based entity with no U.S. operations and is not part of the lawsuit.
According to The Next Web, Uber’s corporate structure appears to shelter the US company from potential overseas liabilities.
The Next Web also said Uber’s terms of service revealed it took no responsibility for the actions of drivers on the platform, according to the following quote:
“Uber does not guarantee the suitability, safety or ability of third party providers. It is solely your responsibility to determine if a third party provider will meet your needs and expectations. Uber will not participate in disputes between you and a third party provider. By using the services, you acknowledge that you may be exposed to situations involving third party providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of third party providers arranged or scheduled using the services is at your own risk and judgement.” – Rappler.com
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