From JDSupra, Thomas Brown discusses a Florida case in which Uber was not liable for a driver’s negligence because the driver was not logged into the Uber app and hadn’t logged into the Uber app for months at the time of the accident. Thomas writes:
Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025)
Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber could not be held vicariously liable for a driver’s negligence.
The plaintiff brought a wrongful death action against Uber and the driver, claiming Uber was vicariously liable for the driver’s negligence. The plaintiff alleged that the driver was an employee of Uber at the time of the accident, but the evidence showed the driver was not logged onto the Uber app at the time of the accident and had not logged onto it for several months.
Under the circumstances, the court did not reach the issue of whether the driver was an independent contractor or an employee. However, in a footnote, the court acknowledged that Florida law likely establishes the driver as an independent contractor.
This is a favorable decision for rideshare companies, supporting their defense of claims for vicarious liability.
