By Linda Liang, Yang Chunhui King & Wood Mallesons’ Commercial & Regulatory group

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” (including labor relationship, service relationship，employment relationship and labor dispatch relationship) causes damage to others during delivery of work, the party assigning the work ( “employer”) 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.
Continue Reading Who is responsible for a takeout carrier’s traffic accident?