Easing The Litigation Experience

Improper Food Delivery Handling Could Lead To A Personal Injury Case

Food delivery workers must embrace the responsibility of driving safely. With the arrival of gig economy apps, untold numbers of amateur delivery drivers take to the road to make a few extra dollars. Regardless of the delivery driver's experience level, a freelancer must maintain responsibility for safety. And safety includes more than proper driving. A delivery person who doesn't effectively care for the food could be deemed negligent. Even the delivery service and the participating restaurant may find themselves liable for injuries as well.

Touching the Food and Other Serious Matters

Due to a lack of experience, delivery drivers may take a flippant attitude towards their work. The law won't be flippant towards someone's outrageous negligent actions. Taking a drink from a customer's soda or eating a few French fries isn't "no big deal." Saliva can get into the food. What if a customer acquires HPV-1 due to the presence of saliva? The customer probably has a strong negligence case thanks to the driver's blatantly unprofessional and risky behavior.

The Restaurant May Share Some Responsibility

McDonald's and Starbucks try to cut down their risks when working with a delivery app. These two companies use a seal to ensure the bag is not opened during transit. If the driver opens the bag, the seal breaks, giving the customer a clear indication of tampering. Not every restaurant takes the essential step of sealing bags. A restaurant that fails to do so could potentially share liability. The contributing negligence now opens doors for the restaurant to be named in a civil suit.

The Delivery Bag Scenario

Carrying food in paper bags might not be the most protective strategy. Placing the food inside an insulated delivery bag does more than maintain the appropriate temperature. The insulated bag could keep germs and bacteria out. If a driver arrives without a bag and the food is somehow contaminated, questions arise:

  • Does the app company follow through to enforce insulated bag requirements with drivers?
  • Did the restaurant complete the transaction even though the driver arrived without a bag? 

Based on the answers, all three parties could share negligence to some degree. Don't ignore the options available to you when a delivery driver's actions or oversights lead to illness. A viable personal injury suit could exist. Anyone who feels their food delivery caused an illness or another injury may wish to speak to an attorney. There may be a legitimate civil case to bring forward.

Speak with a professional like Kenneth P Hicks to learn more.