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Rideshare Liability

Ridesharing platforms have revolutionized modern transportation, connecting riders and drivers instantaneously, through mobile apps. The popularity of these technology services is enormous and continues to grow. However, what happens when an accident occurs? Who bears responsibility?

The answer is: it’s complicated.

When an accident occurs involving an operator using a rideshare app, unique legal issues are often created for the rideshare platform, the drivers, riders and their insurers, and other involved vehicles--all of whom can be parties to litigation. Issues relating to the existence of coverage, the priority of coverage, and available policy limits often arise. Claims against rideshare platforms can involve allegations of both direct and vicarious liability. Brand protection and maintaining the confidentiality of trade secret and proprietary information is essential to the rideshare platform defendant.

The attorneys in Marshall Dennehey’s Rideshare Liability Practice are experienced at addressing the complex issues that emerge when claims arise. We are familiar with the prominent ridesharing apps and are knowledgeable of the data that is available from them. We work with a variety of liability and damages experts who specialize in issues applicable to sharing economy cases.

Our experienced team utilizes a process that allows for the prompt review of cases and strategizing with claims professionals about whether a case should be targeted for early resolution, aggressive discovery or trial. Our pre-suit services for catastrophic accidents include:

  • Scene inspection, accident reconstruction, bio-mechanical accident reconstruction responding to preservation requests
  • Assembling a top expert team to assist with investigations and preservation of evidence
  • Vehicle inspections and data downloads
  • Social media and background investigations of claimants
  • Witness location and interviews, and all other facets of pre-suit accident investigation

Many states have enacted statutes governing requirements and liability for rideshare platforms, and issues involving statutory compliance may arise. Also, rideshare litigation is not limited to automobile negligence cases and uninsured/underinsured motorist claims. Rideshare platforms and their insurers must also be prepared to defend cases involving allegations of sexual assault or other intentional conduct.

We routinely handle cases for some of the nation’s largest ridesharing companies, their independent drivers and insurance carriers. We help navigate every step of the legal process, working closely with clients to execute strategies to protect their interests, manage risk and minimize exposure.

Results

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Summary Judgment Obtained in New York Ridesharing Case

We won summary judgment for an online car sharing platform that connects vehicle owners (hosts) with travelers and locals (guests) seeking to book those vehicles for a fee in New York. The plaintiff alleged that he sustained serious injuries when he was involved in an automobile accident that collided with a vehicle listed on our client’s website. The Bronx County Supreme Court granted summary judgment in favor of our client, ruling that the defendant demonstrated that it is a peer-to-peer car sharing service; it does not provide rental services; it does not own, maintain or repair any of the vehicles on its platform; it is not responsible for the acts and omissions of the hosts or guests; and there is no agency relationship between defendant and the hosts or guests.

Successfully Defended a National Car-Sharing Company in a Multi-Party Suit

We successfully defended a national car-sharing company, resulting in a dismissal of all claims. The case involved a multi-party suit arising out of a commercial auto accident. Through aggressive pleading, we obtained a dismissal by arguing that both federal and state law provisions prohibited any claims against the car-sharing company.

Thought Leadership

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Case Law Alerts

Eleventh Circuit Affirms Summary Judgment in Favor of Lyft Based on Adequate Background Check

November 3, 2026

The Eleventh Circuit Court of Appeals affirmed a district court order granting summary judgment in favor of Lyft in a lawsuit relating to a shooting. The primary issue on appeal was whether Lyft had conducted an adequate background check on a driver. The plaintiff argued that Lyft’s background check failed to comply with Georgia’s rideshare statute and that the driver had a disqualifying conviction from 2001. The plaintiff also claimed the driver failed to display a background check certification as required by statute. The Eleventh Circuit found that the private background check Lyft conducted complied with Georgia’s rideshare statute, and it did not disclose any disqualifying convictions. Further, the court found that the driver could electronically display the background check certification on her phone in lieu of displaying it in writing. This case highlights the importance of TNC statutes in defining the duties of rideshare companies.

Case Law Alerts

Florida Appellate Court Affirms Dismissal with Prejudice of a Claim Against Lyft Based on Statutory Immunity

July 20, 2026

Plaintiff, Louise Haddad, sued Lyft for damages after allegedly being assaulted by her Lyft driver. The plaintiff asserted claims for negligent and fraudulent misrepresentation against Lyft based on statements from its website which led her to believe the ride would be safe. Florida’s Fourth District Court of Appeal affirmed dismissal of her claims with prejudice, finding that they were barred by the broad immunity conferred to Transportation Network Companies (TNCs) under § 631.918, Florida Statutes. To plead an exception to TNC immunity, the plaintiff would have to allege sufficient facts, such as a violation of antitrust laws, bad faith, malicious purpose, or wanton and willful disregard of human rights, safety, or property. Since the plaintiff failed to adequately plead an exception, the court found her claims were barred by Florida’s TNC immunity statute. This case highlights the importance of legislative immunity in defending rideshare cases even at the pleadings stage.

Firm Highlights

Defense Victory Obtained in Workers’ Compensation Case

Result

Defense Victory Obtained in Workers’ Compensation Case

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.

Complete Victory Obtained in a Workers’ Compensation Matter

Result

Complete Victory Obtained in a Workers’ Compensation Matter

Jeremy J. Zacharias Elected to the Executive Committee of the Professional Liability Underwriting Society

News

Jeremy J. Zacharias Elected to the Executive Committee of the Professional Liability Underwriting Society

Event

CLM 2026 Focus Conference

Allison joins three insurance industry leaders to discuss how cyber coverage disputes, the growing impact of social inflation on bodily injury claim valuation, and the use of artificial intelligence are reshaping the bad faith landscape. The panel will examine emerging sources of extra-contractual exposure, including evolving cyber insurance coverage issues and the challenges of accurately valuing bodily injury claims. Practical approaches to claim evaluation using AI, along with defense strategies designed to help prevent or successfully defend against bad faith litigation, will also be addressed. 

business meeting photo

Result

Summary Judgment Obtained in Insurance Coverage Case

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Four Marshall Dennehey Attorneys Selected 2026 “Top Lawyers” by Delaware Today Magazine

News

Four Marshall Dennehey Attorneys Selected 2026 “Top Lawyers” by Delaware Today Magazine

Marshall Dennehey Announces 2027 Pennsylvania Super Lawyers and Rising Stars Honorees

News

Marshall Dennehey Announces 2027 Pennsylvania Super Lawyers and Rising Stars Honorees