Passenger forgot headphones in the car and, even after confirming that the item was found, he was at a loss; Justice intervened
The 1st Appellate Panel of the Special Courts of the Federal District upheld Uber’s conviction to indemnify a passenger in R$ 1,820 for material damages. The decision, unanimous, establishes that the platform has strict liability for the intermediation of the return of forgotten objects in partner vehicles, especially when the possession of the item is confirmed by the company.
The case originated after a user forgot his headphones in the back seat of a car requested by the application. Upon realizing the loss, the customer called Uber support, which confirmed that the driver had the object. The company informed that the driver would contact him to arrange the delivery, which never occurred.
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In its defense, Uber claimed to act merely as a technological facilitator between drivers and passengers, arguing that the blame for the loss would be exclusive to the consumer due to lack of caution. The platform also argued that it had exhausted the means of communication available to resolve the impasse.
However, the rapporteur of the case rejected the company’s thesis. The magistrate reasoned that the relationship between the application and the user is one of consumption, governed by the Consumer Protection Code (CDC). The decision highlighted that the company is liable for damages caused by failures in the provision of the service, regardless of direct fault, as it is part of the supply chain. The court also understood that just passing on contacts does not constitute the use of all appropriate means to guarantee the return and that, by confirming to the customer that the object was with the driver, Uber attracted to itself the responsibility of ensuring the refund.
For the Justice, there was an omission by the platform in not adopting effective administrative measures after identifying the problem. The compensation set corresponds to the market value of the lost equipment. The verdict reinforces that, although the passenger has the duty of custody over his goods, the platform assumes the duty of custody and restitution from the moment it locates the object in its partner fleet.
