Federal jury finds Uber liable for actions of driver who grabbed passenger’s inner thigh

A North Carolina federal jury has found Uber liable for the actions of a driver who inappropriately touched a female passenger, marking a significant legal setback for the rideshare giant in its ongoing battle against sexual assault claims.

The jury in Charlotte ruled Monday that Uber bears responsibility after a driver grabbed the inner thigh of a woman as she exited his vehicle and asked if he could “keep her” with him. The plaintiff was awarded $5,000 in damages, according to Ellyn Hurd, one of her attorneys.

This case represents what legal experts call a “bellwether” trial—one that tests legal arguments for a larger group of similar lawsuits. It’s the third such sexual misconduct case against Uber to reach a jury verdict, with mixed results for the company. In February, an Arizona federal jury ordered Uber to pay $8.5 million to a woman who reported being raped by a driver. However, a California jury last year found the company not liable in another alleged assault case.

Uber highlighted in a statement that the jury classified the incident as battery rather than sexual assault and emphasized the relatively modest financial judgment. “The jury’s award here should further bring these cases back to reality, as it represents a tiny fraction of previous demands,” the company stated, adding that it believes it has “strong grounds for appeal” based on what it considers incorrect jury instructions regarding liability.

Despite Uber’s characterization of the verdict, the plaintiff’s attorney sees the outcome as promising for other cases. Hurd noted that Uber itself had selected this particular case as a test for the broader group of pending lawsuits. “This was a case that they thought going in that they were going to win,” Hurd said. “They picked all the criteria—this is the case that they picked, that they wanted to try. And the jury believed the plaintiff and they lost.”

The legal dispute centers on a critical classification issue that has long shielded Uber from liability. Because the company classifies its drivers as independent contractors rather than employees, Uber has consistently maintained it cannot be held responsible for their actions. However, U.S. District Court Judge Charles R. Breyer ruled that Uber qualifies as a “common carrier” under North Carolina law, making it liable for the driver’s conduct.

Judge Breyer determined that Uber presents itself as a transportation provider through its advertising and the control it exerts over rides and passenger safety. He noted that while states like Florida and Texas have explicitly exempted rideshare companies from common carrier liability, North Carolina has not created such an exception.

Under this ruling, the jury only needed to determine whether the incident occurred, not whether Uber was responsible for it. The driver denied touching the plaintiff, and Uber pointed out that the incident was never reported to law enforcement, only coming to light when the lawsuit was filed three years later.

Hurd countered that lack of a police report doesn’t invalidate the claim. During the trial, which ran from Wednesday to Monday, jurors heard testimony from the driver, the plaintiff, and the plaintiff’s friends who corroborated her account.

This verdict comes amid years of scrutiny regarding Uber’s safety practices. The platform has faced criticism following thousands of reported sexual assault incidents involving both passengers and drivers using the service. The company has implemented various safety features in response, including an in-app emergency button and enhanced background checks, but critics argue more comprehensive measures are needed.

Judge Breyer, who is based in San Francisco’s U.S. District Court for the Northern District of California, is scheduled to hear two more sexual assault test cases against Uber. The next trial is set for mid-September in San Francisco, where the company is headquartered.

The outcome of these cases could significantly impact Uber’s business model and potentially force broader changes in how rideshare companies operate and manage liability for passenger safety across the industry.