Ridesharing Service Policies Prohibit Use by Minors


Ridesharing services, such as Uber and Lyft, are making their way into school carpool lanes. These companies provide 24/7 on-demand car services and allow customers to request private drivers from mobile device applications. The apps are advertised as safe, cost- efficient, and convenient transportation options. The drivers are background-tested and rated by users. There is no exchange of cash and the car’s location can easily be tracked and shared with others.


These features have attracted millions of users, including a growing number of parents and students. However, Uber and Lyft have policies specifically prohibiting people under the age of 18 from using the apps or riding unaccompanied by an adult. Despite these policies, many parents continue to permit their children to use the apps and ride alone.


How Can You Mitigate Potential Liability?


Schools should be rightfully concerned that parents’ and students’ apathy to these policies may result in liability to your institution. You are duty-bound to ensure that students are discharged to the care of a responsible adult after the final bell rings.


There are numerous potential dangers associated with releasing students to unknown third parties. What can you do to protect your students from potential dangers and your institution from potential lawsuits?


Implement a Policy


You should consider implementing a policy that states your school does not condone students leaving campus in third-party car services and, specifically, ridesharing services whose own policies explicitly prohibit minors from using them. The policy should be printed in the parent/student handbook and require a signed receipt by a parent or guardian.


Obtain Waivers


In addition to drafting a clear policy, you may also consider having parents sign a waiver releasing your school from any liability that may result from students’ use of ridesharing services. It should be noted, however, that several state courts have held that such pre-injury waivers violate public policy and are unenforceable.


You should consult with counsel to determine if the laws of your state permit this type of waiver. If your school decides to require parent waivers, the waiver should accompany a policy as described above. Absent such a policy, your school may be found to be complicit in the violation of the ridesharing services’ policies.


Identify Authorized Persons


You may require parents to identify, by name, those persons permitted to pick up their children from school, and only release students to those designated individuals. Uber and Lyft drivers’ identities are unknown until the driver accepts the user’s request. Requiring only specifically identified people to pick up students eliminates the possibility that your school will release students to unknown third parties.


Remain Vigilant


School personnel responsible for supervising the pick-up line should be made aware of your policies regarding third parties. Often Uber and Lyft drivers have stickers identifying their vehicles. Personnel should keep an eye out for these cars and any unfamiliar people on campus.


Conclusion


As ridesharing services grow in popularity, you should be cognizant of your students’ use of these services and the accompanying dangers. You should take steps to keep students safe and mitigate any potential liability to your institution. Having policies in place that prohibit unidentified third parties from picking up students and informing school personnel to watch for unfamiliar people on campus are just a few of the ways you can protect both students and your school.


For more information, contact the author at DChang@ fisherphillips.com or 954.525.4800. Dana Chang is an associate in the firm’s Fort Lauderdale office. Her practice includes representing management in all types of employment-related matters. She defends employers in all phases of litigation in state and federal courts and before various local, state, and national administrative agencies against claims of discrimination based on age, race, color, sex, disability, religion, and national origin arising under various civil rights laws, as well as claims involving family and medical leave, wage and hour disputes, breach of contract, and related torts. Dana frequently authors articles for employment-related publications. She is also a member of the firm’s Education Practice Group.


Religious Liberty—Where Does America Stand?


Religious Freedom Day (January 16) is celebrated in honor of the day in 1786 that the Virginia General Assembly passed Thomas Jefferson’s Statute of Virginia for Religious Freedom. Modern restrictions on freedom of conscience contradict the spirit, and arguably the letter, of Jefferson’s Statute. It is this principle which Rep. Steve Russell (R-Oklahoma) celebrates in the following speech, delivered on the floor of the U.S. House of Representatives on May 26, 2016. We reproduce portions of Rep. Russell’s remarks here from the Congressional Record.


© 2016 by the Association of Christian Schools International 27.2 | 33


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