In a LAW.com feature, Dr. Ann Olivarius, Senior Partner at McAllister Olivarius, comments on the landmark litigation against Uber and its potential to reshape liability across the gig economy.
At the heart of the lawsuits is a pivotal legal question: should Uber’s app be treated as a defective product rather than a service? A ruling in favour of product liability could expose the company to thousands of sexual assault claims and set a precedent with far-reaching implications for the tech industry.
She explained that these cases strike at the very foundation of the model. “The core of the gig economy is the idea that the invisible hand of the market is meant to replace labor law and criminal law. If you profit from somebody’s labor, you bear the risk and can’t offload it onto the customers. It’s a huge moment because now Uber may actually start having to be liable for its drivers. And it will change its behavior if it’s found liable.”
