[faramarz]

I thought about it and I'm going to say yes. Uber is absolutely liable.

Simple;

  If Uber app is on = cab driver makes money
  If Uber app is off = cab driver makes no money.

Uber app operating is proof that cab driver is looking to get paid, looking for patrons, and hence employed by Uber.

Only way to circumvent that is to shut off the App if you're not going to be picking up anyone or you're in a buffer zone, grabbing lunch etc.

Am I wrong?

[avalaunch]

I'm fairly sure I agree. If Uber is liable when the driver is moving a passenger from a to b then I think they should also be liable whenever the driver has the app open and is available for rides. I'm just not 100% sure they should be ever be liable for a driver's negligent acts because those drivers are independent contractors, not employees. That to me is the more interesting question.

[trentmb]

> Uber app operating is proof that cab driver is looking to get paid, looking for patrons, and hence employed by Uber.

No, the Uber app operating is proof that the cab driver is amicable to getting paid.