Risk, Reward, and Responsibility: A Call to Hold Uberx, Lyft, and Other Transportation Network Companies Vicariously Liable for the Acts of Their Drivers
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RISK, REWARD, AND RESPONSIBILITY:
A CALL TO HOLD UBERX, LYFT, AND
OTHER TRANSPORTATION NETWORK
COMPANIES VICARIOUSLY LIABLE
FOR THE ACTS OF THEIR DRIVERS
LAUREN GEISSER*
INTRODUCTION: WITH GREAT POWER COMES GREAT
RESPONSIBILITY
On December 31, 2013, a car accident killed one and injured two
pedestrians.' The deceased: a six-year-old girl.2 Her family brought suit in
San Francisco against the driver for wrongful death and personal injuries and
against Uber Technologies, Inc., Rasier LLC, and Rasier-CA LLC on a
theory of vicarious liability.3 The driver had a contract with Uber and Rasier-
* Class of 2016, University of Southern California Gould School of Law; B.A. History and
Minor in Economics 2013, Emory University. Many thanks to the staff and editors of the Southern
California Law Review, to Professor Andrei Marmor for his feedback, and to my family for their love
and support.
I. Complaint for Damages and Demand for Trial by Jury at 4, Liu v. Uber Techs., Inc., No. CGC-
14-536979 (Cal. Super. Ct. Jan. 27, 2014) [hereinafter Liu Complaint]; Answer and Affirmative Defenses
of Uber Techs., Inc., Rasier LLC, and Rasier-CA LLC to Plaintiffs' Complaint at 6, Liu v. Uber Techs.,
Inc., CGC-14-536979 (Cal. Super. Ct. Jan. 27, 2014) [hereinafter Answer to Liu Complaint]; John
Constine, Uber's Denial of Liability in Girl's Death Raises Accident Accountability Questions,
TECHCRUNCH (Jan. 2, 2014), http://techcrunch.com/2014/01/02/should-car-services-provide-insurance-
whenever-their-driver-app-is-open/; Kale Williams, Uber Denies Fault in S.F. Crash That Killed Girl,
SFGATE (May 7, 2014, 7:54 AM), http://www.sfgate.com/bayarea/article/Uber-denies-fault-in-S-F-
crash-that-killed-girl-5458290.php.
2. Liu Complaint, supra note 1, at 4.
3. Id. at 9-16. Rasier LLC is a wholly owned subsidiary of Uber Technologies, Inc. and covers](ViewImageLocal?handle=hein.journals/scal89&div=13&collection=&method=preview&ext=.png&size=3)
Risk, Reward, and Responsibility: A Call to Hold Uberx, Lyft, and Other Transportation Network Companies Vicariously Liable for the Acts of Their Drivers