Winnipeg woman says Uber driver sexually assaulted her, sues company for negligence

WARNING | This story contains details of sexual assault.

A Winnipeg woman who says she was sexually assaulted by an Uber driver last December is seeking class-action status for her lawsuit against the ride-hailing company.

The woman, identified only as C.K. in the statement of claim filed in the Manitoba Court of King's Bench on March 15, is suing Uber Canada and several subsidiary companies for negligence.

Her lawsuit says she booked a ride in Winnipeg through Uber's app around 4 a.m. on Dec. 3. She says she fell asleep during the trip but woke up about 20 minutes later, when the vehicle arrived outside her home.

As she tried to exit the vehicle, the Uber driver blocked her path, grabbed her by the shoulders and "forced himself upon her by kissing her on the mouth," the suit alleges.

"The Uber driver grabbed her a few times to kiss her and she kept saying no and trying to push him off her. He kept following her and trying to block her from getting away," according to the statement of claim.

The driver then began to follow C.K. into her driveway in an attempt to get into her home, the suit says. He left after she started to scream and told him to leave her alone.

None of the allegations have been proven in court. Statements of defence have not yet been filed.

Keerthana Rang, an Uber Canada spokesperson, told CBC News on Tuesday that the company cannot comment on specific ongoing legal cases.

Uber drivers in Manitoba are required to complete police background checks with vulnerable sector searches, as well as child abuse registry checks, before joining the company, said Rang.

She also said Uber's app has safety features such as an emergency assistance button, 24/7 incident support and GPS tracking.

According to her lawsuit, C.K. says her Uber account was locked after she reported the Dec. 3 assault through the app.

An Uber support representative apologized to C.K. and said her account had been locked since it was under a safety report investigation, the suit says. Her account was reinstated five days later.

C.K. also reported the incident to police, her suit says. CBC News has reached out to Winnipeg police for confirmation but has not heard back.

'Inadequately screened and undertrained' drivers: suit

C.K. would be the lead plaintiff in her proposed class action, if certified, which would allow anyone to join if they also report to have suffered "physical, psychological, emotional, and physiological harm" caused by Uber Canada, the suit says.

It also claims that since 2017, at least 14 Uber drivers across four provinces — Alberta, British Columbia, Ontario and Quebec — have been charged with sexual assault, with at least seven resulting in convictions.

Uber Canada has negligently misled consumers like C.K. to believe it has sufficient passenger safety measures in place through promotional messages, including one that says the company offers the "safest rides on the road," the suit says.

Instead, Uber Canada has "prioritized profits and growth over safety" by allowing "inadequately screened and undertrained" drivers to provide its services, the suit claims.

Drivers are not required to submit their fingerprints to the RCMP, or complete formal interviews or reference checks by Uber Canada, in order to work for the company, the suit says. The company is also not immediately notified of any criminal behaviour by its drivers.

The suit calls the Uber app's design defective, as it only lets users see the last 500 customer reviews left for each driver, rather than their entire history.

Uber Canada owed C.K., as well as other consumers who may join the proposed class action, a standard of care that has been breached by its "irresponsible, short-sighted, careless, and reckless behaviour," the suit alleges.

C.K. is seeking damages which would be specified in court, including special damages for medical expenses and a loss of income as a result of the alleged assault.

She has suffered emotional and psychological harms from the assault, such as anxiety and stress, the statement of claim says.

It also seeks a declaration that Uber Canada is indirectly responsible for harms and injuries that its drivers cause to passengers.

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via this Government of Canada website or the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911.