Florida Court Holds Uber Is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

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. 

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