Who Pays When a Delivery Person Is Injured on Private Property?

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By Yosi Yahoudai
Founder and Managing Partner

Miles of home and business deliveries are made every day, whether they come from restaurants, warehouses or other commercial establishments. Shopping online has become so accessible and cheap that most people don’t think twice before placing an order to have it delivered to their doorstep.

In legal terms, this means that just like any other guest or visitor, drivers who are injured on the premises of private property due to slippery or wet floors, unstable surfaces, holes, poor lighting, etc., may have right to file claims for injuries caused by premises liability negligence.

Under premises liability laws, people who own or operate a home, business, or other establishment have a duty to keep that property safe for both people they have personally invited (such as friends or family) and to anyone who may have legal reason to be on your property, including contractors, meter readers, and delivery drivers.

Premises liability laws require owners and occupants to perform reasonable maintenance on their property and notify visitors of any hazards; Whether these are caused by some hazard known to the owner (such as debris, guard dogs, or construction hazards), or by potential hazards (such as possible falls from balconies or high places), these hazards should be advertised through signs informing visitors of danger.

Different from the circumstances of the incident and the type of contract of the delivery person, the legal responsibility can fall on different figures: if the employee in question is part of the payroll of a company, he must be covered by a labor policy that guarantees compensation for accidents . This compensation would cover the expenses derived from the accident and a percentage of the worker’s salary.

On the other hand, if the affected delivery person is a subcontracted or independent worker, the company will not be liable in the event of an accident, applying in this case the premises liability laws that apply in similar circumstances in which any type of authorized visitor is injured in the mediation of a home or private property.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.