Rape survivor sues Uber for negligence, fraud in US court - WOMAN FILES PLEA IN SAN FRANCISCO COURT, ACCUSES COMPANY OF INADEQUATE COMMITMENT TO SAFETY; SEEKS DAMAGES

Saturday, 31/01/2015

http://paper.hindustantimes.com/epaper/viewer.aspx

WASHINGTON/NEW DELHI: A Delhi woman allegedly raped by a driver from cab-hailing service Uber last December filed a lawsuit in a San Francisco court on Thursday, accusing the company of not doing enough to protect her.

The suit, filed by Douglas H Wigdor and Jeanne M Christensen, lawyers engaged by the victim, asked the court to direct Uber to urgently implement certain safety measures.

And, it sought compensation, of an unspecified amount, for the victim, for her rape caused by the company’s “inadequate and disingenuous” commitments to safety.

The woman was listed only as Jane Doe, using a standard placeholder to protect her identity — as in India, rape victims are not identified by name in US media.

The taxi service, valued at $40 billion and operating through an app in over 250 cities around the world, was banned from Delhi’s streets following the incident that sparked outrage across India.

The victim alleged that Uber cab driver Shiv Kumar Yadav drove her to a secluded place on the night of December 5, and raped her after threatening to kill her if she resisted. Her plea also points out other similar incidences of safety breaches by Uber drivers including a man who assaulted his passenger while screaming “I hate Americans and gays”.

Yadav is in jail awaiting trial, which will not be impacted in any way by this lawsuit, as it targets the company for not investigating Yadav adequately before hiring him. The evidence stage in the criminal trial is set to conclude in Delhi on Saturday.

Asked why the young woman didn’t file a suit in India—as Indian law permits plaintiffs to file actions where the incident complained about took place— Wigdor told HT, “We brought the lawsuit in the jurisdiction that had a substantial connection to the acts that ultimately caused the harm to our client. The policies, or lack thereof, that led to the rape of my client emanated from California.”

When HT asked whether the victim wanted to see the case tried or would compromise for a settlement if Uber offered one, Wigdor refused to answer. Responding to a request for comments, an Uber spokesperson said, “Our deepest sympathies remain with the victim of this horrific crime. We are cooperating fully with the authorities to ensure the perpetrator is brought to justice.”