Reference no: EM131033414

Marcus works for the driver service, Uber. Marcus earns $12 an hour for the hours he drives his car for Uber. Sometimes Marcus drives as much as 50 hours in a week for Uber, and other times he drives only 20 hours in a week. Uber sets the prices its drivers may charge customers and does not allow its drivers to collect tips. Uber’s website advertises for drivers, stating that “Uber Needs Partners Like You. Drive with Uber and earn great money as an independent contractor.” Marcus began driving for Uber in July, 2013. In January, 2015, Marcus was driving his car for Uber. He had picked up several passengers at different times during the course of the evening and took them to their requested destinations. In between picking up passengers, Marcus went on a shooting spree and shot at numerous people in different locations. Three persons were seriously injured after being shot by Marcus. Uber had checked Marcus' driving records prior to Marcus joining Uber and did not find any driving related infractions or violations of any type. After the shooting incident, Uber learned that Marcus previously had been civilly committed in 2004 as a result of his mental illness which caused him to have violent episodes when he did not take his medication regularly. Marcus was released from his civil commitment in 2009, following 5 years of treatment. The Director of Loss Management for Uber asks you to advise her of Uber’s risk should any of the persons injured by Marcus file a lawsuit against Uber seeking damages from Uber as a result of Marcus' conduct. Explain the legal risks to Uber in this scenario, discussing in detail the legal principles involved in your analysis. Set forth the facts you need to know to help you analyze Uber’s risk.