An unusual case has served up questions about vicarious liability & the gig economy. Ross Fletcher looks at the takeaways
- Examines a case concerning a self-employed Deliveroo rider who caused grievous bodily harm to a customer. Deliveroo has disputed liability.
- Considers the case law to explore the relationship between the rider and Deliveroo, exploring how the law on vicarious liability may be applied to modern work situations.
Ordering takeaway pizza does not usually incur a risk of personal injury. However, the injury that occurred due to this activity led to criminal liability in R v Rocha, heard by Winchester Crown Court on 19 March 2024. In this article, I will consider the principles that may be relevant when determining civil liability in this case. Although the facts of this case are unusually uncommon (or at least, one would hope), these principles are of significance to the modern ‘gig economy’.
The pizza in question was ordered on 14 December 2022 by Stephen Jenkinson, who used the Deliveroo app to request that it be delivered to his home near Aldershot, Hampshire.
