Food delivery rider hits and kills someone; the dispatch company cannot escape liability.

Compiled from: Qingdao Intermediate Court
 
In recent years, with the growth of the platform economy, the instant delivery industry has expanded accordingly, leading to an increase in disputes. Once a traffic accident occurs, due to the special nature of platform employment, who to claim compensation from and how to claim become the focus of controversy.

 
 

Case review
In September 2021, Luo, a delivery rider for takeout platform A, struck and injured Sun during a food delivery, and Sun later died after emergency medical treatment failed. Sun's family members filed a lawsuit with the People's Court, demanding that takeout platform company A, agency company B, labor company C, and insurance company D bear liability for compensation. Upon trial, the People's Court of Laoshan District, Qingdao City, ascertained that the takeout online platform was an online food ordering platform operated by defendant takeout platform company A, and that the delivery business at the location of the accident was actually carried out by defendant agency company B. At the time of the accident, Luo had an employment relationship with defendant labor company C and was dispatched to defendant agency company B to engage in food delivery work. Defendant agency company B had purchased employer's liability insurance for delivery rider Luo from insurance company D.

 
 

Court Judgment The court, after trial, held that according to the Civil Code of the People's Republic of China, a person who through fault infringes upon another person's civil rights and interests shall bear tort liability. During labor dispatch, if a dispatched worker causes damage to another person while performing work tasks, the accepting entity that uses the dispatched labor shall bear tort liability. In this case, Luo caused injury to Sun while performing work. Although Company B, the agency, had no direct contractual relationship with Luo, as the actual employing entity accepting the dispatched labor, it should bear liability for compensation. If Sun's family members require Company A, the food delivery platform company, and Company C, the labor company, to bear liability for compensation, they may also be named as defendants. Likewise, because this case is a dispute over an employer's tort liability, and Company D, the insurance company, has expressly refused to have the case consolidated, a joint judgment cannot be rendered.
 
Considering that Sun's family had already endured immense pain due to this accident, initiating further litigation would not only be detrimental to protecting the parties' lawful rights and interests but could also give rise to new conflicts. Based on this, the judge, grounded in the facts, explained the law and reasoning to the parties and made multiple efforts through phone calls and online hearings to mediate among the defendants. Through persistent efforts, an agreement was ultimately reached, with Agency Company B and Insurance Company D agreeing to directly pay the parties a total of over 600,000 yuan. The case was successfully concluded through mediation.
 
 
The [1] The People's Republic of China Civil Code
Article 1165
A person who, through fault, infringes upon the civil rights and interests of another and causes damage shall bear tort liability.
If a person is presumed to be at fault in accordance with the law and cannot prove that he or she is not at fault, he or she shall bear tort liability.
 
Article 1191 
If an employee of an employer causes harm to others while performing work tasks, the employer shall bear tort liability. After bearing tort liability, the employer may seek recourse from the employee who acted intentionally or with gross negligence.
During the period of labor dispatch, if a dispatched worker causes harm to another person while performing work tasks, the accepting entity that uses the dispatched labor shall bear the tort liability; if the labor dispatch unit is at fault, it shall bear corresponding liability.
 
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
Article 58
During the period of labor dispatch, if a dispatched worker causes harm to another person while performing work tasks, the accepting entity that uses the dispatched labor shall be the party. If a party claims that the labor dispatch unit shall bear liability, the labor dispatch unit shall be a co-defendant.

[1] The author's perspective
The food delivery industry is in a period of rapid growth, and due to special circumstances in the past two years, the volume of delivery riders' business has increased significantly. However, this type of occupation carries high risks, and riders' safety awareness and legal awareness are relatively weak. Therefore, once an accident occurs, the food delivery platform company may shirk responsibility, ignore non-self-employed riders, and the corresponding insurance system is not well-established.
 
In fact, such cases have not occurred for the first time. Both food delivery companies and dispatch companies should begin to pay attention to these issues. After all, the long-term development of an enterprise cannot be separated from the contributions of every rider. If they evade responsibility when problems arise, over time, it will not only dishearten the riders but also alienate consumers.