Who is responsible when a delivery person is injured on private property?
Every day, millions of people around the country work delivering products to our doorsteps. With online shopping being so common, convenient, and safer due to the pandemic, many Americans use this service to buy all kinds of different products. Delivery workers come to our homes, and like any other guests, they can be injured due to a slippery floor, snow, ice, a broken surface or stairs, holes, poor lighting, etc.
What happens when a delivery person is injured on private property? Who would be held liable for the accident?
Depending on the circumstances, this responsibility can fall on either the employer or the homeowner. Delivery service companies can have two types of employees: those hired as such and are part of the company’s payroll and those hired as independent service providers.
Suppose the injured person is contracted as an employee. In that case, any injury that occurs during their work hours, and as a consequence of the performance of their work activities, will be the employer’s responsibility. Companies are required to have workers’ compensation insurance that covers their employees in case of accidents. This compensation would cover any expenses resulting from the accident and cover a percentage of the employee’s salaries.
If the person were an independent service provider, the company would not be considered responsible for the accident. In this case, the house owner will be the one who would have to assume that responsibility. Premises liability laws apply under these circumstances, just as they would with anyone else who got injured on your property.
These laws establish that the owners of any private property must be responsible for providing good maintenance to their premises to avoid risks and accidents for visitors. Owners should conduct frequent inspections to ensure that everything is in good condition and make the corresponding repairs. In addition, if the repairs require more time, they must place the necessary warning signs to alert visitors.
If someone were injured on your property due to a dangerous situation that you had or should have known about, you could be liable for the victim’s medical bills, lost wages, and pain and suffering, among others.