What began as a tech-driven convenience has given rise to several of the most contested issues in modern tort law. One of the major questions being asked is: when passengers are assaulted by drivers, who is legally responsible?
Elise Sanguinetti, partner at Arias Sanguinetti, and Matt Kita, Of Counsel for Arias Sanguinetti, wrote an article for Advocate Magazine’s May 2025 issue that explained this evolving area. The article analyzes how courts across California and the federal system are handling sexual assault claims against rideshare companies like Uber and Lyft. With over 3,000 active cases now consolidated across state and federal courts, this issue has become a legal battleground that challenges long-standing principles of negligence, vicarious liability, and duty of care.
How Rideshare Affected Transportation Services Liability
Until about a decade ago, transportation services were dominated by taxis and limousine companies, businesses heavily regulated and subject to clear liability frameworks. If a passenger was harmed, particularly in cases of intentional misconduct by a driver, the legal path was more predictable.
But the explosion of app-based transportation services like Uber and Lyft changed everything. These companies built a business model that not only removed many traditional safeguards but also actively marketed their platforms as a “safe” alternative to traditional taxis, creating what courts have called a “false sense of security.”
In the article, our attorneys examine how these marketing strategies, combined with the nature of the app-based system, have given rise to thousands of lawsuits by survivors of sexual assault, some of whom were attacked by drivers with criminal histories, and others by imposters pretending to be affiliated with a rideshare service.
Elise and Matt explore core legal questions such as:
- Is Uber or Lyft vicariously liable for assaults by their drivers?
- What duties do these companies owe to passengers waiting for a ride?
- Can plaintiffs pursue theories like fraud or product liability against app-based platforms?
The article offers a deep dive into two high-stakes proceedings currently unfolding.
Why Are Outcomes So Different in State and Federal Courts?
More than 2,000 cases are now coordinated in San Francisco County Superior Court. In this venue, Uber has largely succeeded in limiting its exposure, persuading the judge to rule out vicarious liability and several fraud-based claims.
A federal multidistrict litigation (MDL) consolidated over 1,600 similar claims before a judge in the Northern District of California. There, plaintiffs have had far greater success, with the court allowing vicarious liability and negligence claims to move forward, describing Uber’s conduct as contributing to the risk of harm.
The article explains that these divergent rulings mean that the outcome of a case may hinge not on the facts, but on where the complaint is filed.
Can Uber and Lyft Be Held Responsible for Assaults by Imposters?
Elise and Matt also address sexual assaults committed by individuals impersonating Uber or Lyft drivers. These imposters often use rideshare decals, approach intoxicated passengers waiting for their ride, and then abduct and assault them. Victims argue that the companies knew about these patterns but failed to take action, yet the courts are split on whether the companies owed a duty to warn or protect.
In the article, they make a contrast between a key California Court of Appeal decision, which shut down liability for imposter assaults, with a recent Ninth Circuit ruling that challenged that precedent, potentially opening the door for future claims.
Eventually rideshare companies could be forced to take greater responsibility for foreseeable third-party misconduct.
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Do Rideshare Companies Owe Passengers the Utmost Duty of Care?
As the article highlights, courts are grappling with whether Uber and Lyft are merely tech platforms or common carriers that owe passengers the utmost duty of care. If these companies are found to be more than passive intermediaries, it could dramatically expand the scope of their liability in future litigation.
Elise and Matt conclude with practical guidance for litigators seeking to pursue these claims, analyzing the strongest legal theories available and identifying arguments that may survive early dismissal efforts.
Want to Learn More?
The legal landscape around rideshare liability is shifting quickly, and where the courts land could redefine how tech platforms are held accountable for passenger safety. For more of the rest of insights into the leading cases and strategies, read the full article in the May issue of Advocate Magazine.
