Uber must pay $8.5 million in driver sexual assault case, jury says. Here’s what it could mean for thousands of similar cases

By Clare Duffy, CNN

New York (CNN) — A jury found that Uber must pay $8.5 million to a woman who said one of its drivers raped her. The decision could set the stage for payments to thousands of other passengers who filed similar claims against the rideshare company.

Jaylynn Dean sued Uber in 2023, alleging that she was raped by her driver during a ride that November. She accused Uber of failing to take sufficient steps to prevent such assaults after advertising “safe rides,” court documents show.

On Thursday, a federal jury in Arizona found that Uber was liable in the case because the driver was acting as an “apparent agent” of the company during the incident. But it did not find Uber liable for negligence or design defects, and it declined to award punitive damages. Dean was awarded $8.5 million in damages, less than the $144 million her lawyers had requested.

Rachel Abrams, a partner at law firm Peiffer Wolf who represents Dean, called the verdict “a sign of what’s to come.”

Uber has for years battled claims that it’s responsible for sexual assaults by drivers against riders.

Dean’s case marked the first “bellwether” trial for around 3,000 similar lawsuits that have been consolidated in federal court. Thursday’s verdict is a “test case” that could help both Uber and other plaintiffs determine their legal strategies and how much each side might be willing to settle for, said Alexandra Lahav, law professor at Cornell Law School. A similar California state trial recently ended with a different verdict — the jury in that case found Uber not liable.

While the verdicts in the bellwether cases won’t directly determine the outcome in the other lawsuits, these trials can serve as a guide for litigation in similar cases. In total, Uber could be on the hook to pay tens of billions of dollars in damages if the other cases result in verdicts similar to Dean’s trial.

“Because of Jaylynn’s bravery, a corporation valued at more than $150 billion globally will now be held to account for the lifelong harm it caused her,” Abrams said in a statement to CNN. “We won’t rest until Uber takes the necessary safety measures to protect users from the dangers on its platform.”

Uber has repeatedly denied that it is responsible for assaults by drivers and said it plans to appeal the decision in the Dean case.

“The jury rejected claims that Uber was negligent and that our safety systems were defective,” an Uber spokesperson said in a statement. “They awarded an amount far below what was sought, and declined to award punitive damages altogether. This verdict affirms that Uber acted responsibly and has invested meaningfully in rider safety.”

CNN legal analyst Joey Jackson said the case could mark the start of a “sea change.”

“If you’re Uber, you are very concerned about future liability,” he said. Jackson added that Uber’s decision to appeal the Dean verdict could be risky because if it loses, plaintiffs’ lawyers in the other cases could believe they have an even clearer path to victory.

In addition to the 3,000 cases in federal court, around 500 separate cases against Uber have been consolidated in California state court. A California jury found in September that Uber was not liable in connection with the alleged sexual assault of another passenger in the first of the state cases to go to trial.

Between the first state and federal verdicts, “we have two different outcomes … that indicates to me that we’re probably going to see more trials” before either side looks to broadly settle the cases, Lahav said.

History of rideshare sexual assault claims

A 2018 investigation by CNN identified at least 103 Uber drivers in the United States who had been accused of sexually assaulting or abusing their passengers in the previous four years. A year later, Uber released its first safety report, which revealed it had received 5,981 reports of sexual assault in 2017 and 2018.

The company’s most recent safety report, which features data from 2021 and 2022, notes 2,717 reports of sexual assault and misconduct. Uber says more than 99.9% of rides are completed without any reported safety incidents.

Uber has rolled out a number of safety measures to protect riders, including the option for users to share their ride location with friends, annual background checks for drivers and a button to let riders record audio during trips. Last year, it launched the option for female passengers to request women drivers.

Still, the company has continued to face safety concerns. US House lawmakers sent Uber CEO Dara Khosrowshahi a letter in September requesting a briefing on the company’s efforts to prevent and address sexual assaults by drivers. “We appreciate the opportunity to meet with subcommittee staff to share more about Uber’s technology, strong policies, and expert partnerships that prioritize women’s safety,” an Uber spokesperson said in a statement provided to CNN on Friday.

Uber’s competitor Lyft has also faced lawsuits over alleged sexual assault or misconduct by drivers. Lyft has touted safety features and measures it said are designed to keep riders safe.

Sarah London, a partner at Girard Sharp who also represents Dean, said that despite the Thursday’s verdict, “the work is far from over.”

The “verdict validates the thousands of survivors who have come forward at great personal risk to demand accountability against Uber for its focus on profit over passenger safety,” she said. “Thousands of cases remain, and justice will ultimately be measured by the outcomes of the ongoing litigation and whether meaningful safety reforms are implemented to protect passengers going forward.”

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