Who is responsible for a takeout carrier’s traffic accident?

作者/编者:Linda Liang and Yang Chunhui
作者单位:金杜律师事务所
创作年代:2018
出处/来源:金杜律师事务所
学科分类:劳动法学
所属机构:金杜律师事务所
文献语种:

摘要

If couriers have any traffic accident when delivering services, the compensation liability may sometimes be borne by the takeout platform, or sometimes by couriers themselves, or even by an unknown third party. In principle, there should be rules to govern the apportion of the compensation liability, for according to the basic principles of Tort Law, when a worker in “working relationship”causes damage to others during delivery of work, the party assigning the work shall bear the tort liability. However, now the relationship between couriers and takeout platforms is so complex that the question who should bear the liability also becomes complex. Regardless of the type of couriers, which party shall bear the liability for damage caused in their work should be based on the legal relationship between couriers and the parties. If working relationship exists, then the liability should be taken by the takeout platform or the franchisee; if it does not exist, the liability is usually borne by couriers themselves. If there is no working relationship between the takeout platform and the courier, the platform still need to maintain clarity and prepare evidence to confront a victim’s claim of liability for damage; otherwise blame for others may be shifted to it.

关键词: Takeout Carrier; Couriers; Traffic Accident; Tort Liability

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