In order to bring a successful wrongful death cause of action, the following elements must be present:
The death of a human being;
Caused by another’s negligence, or with intent to cause harm;
The survival of family members who are suffering monetary injury as a result of the death,….
A wrongful death claim may arise out of a number of circumstances, such as in the following situations:
Medical malpractice that results in decedent’s death;
Automobile or airplane accident;
Occupational exposure to hazardous conditions or substances;
Death during a supervised activity.
It should be noted to the families of those slain in the recent Kalamazoo shootings as well as other victims of passenger and also driver assault with the Uber service that Uber technologies has had in place since October of LAST YEAR, a LIVE 1-800 number for reporting drivers and customers.
This 1-800 service was not discovered until March of 2016.
The company was keeping this service a secret and claimed that the 1-800 number was not for “emergency” use.
Though the release of the 1-800 number was for “limited areas” the number can be accessed nationally and the representatives available have access to Uber driver and customer information NATION WIDE.
The system operates by putting the caller in touch with a live Uber representative who has access too:
-Active and inactive Driver and passenger records.
-DIRECT Communication with uber representatives who are able to track and locate drivers in real time through the app’s “god mode”.
Shortly before the Kalamazoo shootings began, an Uber customer who had riden with the shooter Jason Dalton, posted the following picture and warning to facebook after getting no direct response from Uber for his complaints through the app reporting service until hours AFTER the shootings had occurred.
If Uber had made their passengers aware of the 1-800 service this incident could have undoubtedly been prevented. Uber customers had been complaining to uber through the app about Dalton’s erratic and dangerous driving for hours before the shootings began.
Traditional taxi companies are constantly in contact with their drivers and maintain full knowledge of their current location. If an incident is reported with a taxi driver a live dispatch is directly in contact with the customer and direct reports are called into the police for incidents concerning dangerous driving and assaults.
Uber’s method of customer incident reporting through the app exchanges text messages and emails which typically take Uber several hours to respond to.
Since October of 2015 when uber established the 1-800 number there have been over 41 incidents with Uber drivers, all of which could have been either prevented or directly responded to by law enforcement if Uber had been properly relaying incident reports on behalf of their customers and drivers.
Take into account the circumstances of wrongful death lawsuits:
– See more at: http://injury.findlaw.com/torts-and…
A simple break down of the factors that indicate Uber is liable:
– A system of safety or safe guarding that was in place at the time of the incident that could have prevented the incident but was either not employed by operator (in this case Uber) or not properly made available to the customer or general public (in this case the 1-800 number that was active at the time but not included in Uber’s available forms of communications to customers or the general public).
– A series of early warnings and complaints submitted by customers INDICATING A CLEAR DANGER TO THE GENERAL PUBLIC, CRIMINAL ACTIVITY AND A DANGER TO THOSE NOT USING THE SERVICE (the general public) which were submitted HOURS BEFORE the incident but not acted upon by the operator (in this case uber) until HOURS AFTER the incident.
– In these circumstances when these factors existed in previous wrongful death suits and civil actions the companies were very clearly found liable.
– These factors hold Uber liable that they were submitted and held complaints indicating a clear public danger AND CRIMINAL ACTIVITY BEFORE the shootings took place.
Since Uber DID in fact have a system in place that could have prevented many of these incidents or at the very least hurried the response time of law enforcement to them, the liability does rest with Uber for not having the system made available through the app to it’s customers and with open notice the general public through it’s website and not acting upon complaints which were submitted HOURS before the shootings took place.