Question

What is Uber's likely defense in a lawsuit involving an incident during a ride?

a. Jonny is an employee and carries his own insurance
b. Jonny is an independent contractor, and there is no respondent superior liability in Uber
c. Jonny was acting within the scope of his employment and was justified in hitting you
d. Jonny was acting in self-defense

Answer 1

Uber's likely defense would be that the driver is an independent contractor, negating respondeat superior liability and emphasizing that drivers must carry their own insurance, distancing the company from direct liability.

Step-by-step explanation:

Uber's likely defense in a lawsuit involving an incident during a ride could center around the assertion that the driver, referred to as Jonny, is an independent contractor rather than an employee. This is a significant distinction because it affects the application of the legal doctrine of respondeat superior, which holds employers responsible for the actions of their employees. In this context, Uber would argue that as Jonny is an independent contractor, there is no respondeat superior liability. Therefore, the company would not be directly liable for Jonny's actions. Furthermore, Uber requires drivers to have their own insurance, which could be another facet of their defense, reinforcing the separation between the driver's actions and the company's liability.