Author Topic: Refuses to leave  (Read 90 times)

SterlingArcher

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Refuses to leave
« on: November 27, 2018, 08:47:33 PM »
Good evening,
I drive for Lyft and Uber in Texas, and while I haven't encountered any real problem passengers yet it's only a matter of time.  Having seen some YouTube videos of common occurrences and I had a question. 

What are my options if a passenger refuses to exit my vehicle?  Calling the police on a busy Friday or Saturday night won't get a quick response to someone not being violent.  Most jerks or drunks eventually get bored and move on to harass someone else but being off the road during prime-time costs me a lot.  And let's face it, if I'm driving for Uber it's because I need the money.  In part to pay my monthly TLS dues. ;)

Side note: My car has 2 interior wide-view audio-video cameras, one looking back from the windshield and one looking forward from the rear window.

TexasLawShield

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Re: Refuses to leave
« Reply #1 on: December 04, 2018, 01:56:39 PM »
SterlingArcher,

You’ve proposed a complicated question that raises issues in several areas of law. The answer to the question “what are my options?” will depend on the legal status of the passenger. Generally speaking, an Uber passenger would be considered a business invitee for the duration of the Uber ride, but could become a trespasser if he or she refuses to leave or acts outside the scope of the Uber ride. you can use force to terminate a trespass. You cannot use deadly force. Because the legal status of your passenger can change at any point in time, it is unclear when you can and cannot use force. These are often fact questions, ultimately decided by a judge or jury. See Texas Penal Code Chapter 9 for the laws on use of force.

Due to the interactions between criminal law in Texas, corporate, tort, and property law, you may owe a duty to your passenger; therefore, there is no easy answer. You would also need to take Uber’s contracts and policies into account when answering this question. Please call LawShield and ask to speak to your independent program attorney to discuss your case or hypotheticals you may be concerned about.