Who should be responsible when the courier hurts others?Court: Express company responsibility

Text/Yangcheng Evening News all -media reporter Wang Lei Correspondent Jiang Nan

In recent years, the online shopping model has been favored, and traffic accidents caused by delivery express attracted more attention. If the courier accidentally occurs in a traffic accident when the express delivery is delivered, who will bear the liability for compensation? Recently, the Dongguan Intermediate People's Court tried such cases, and the court finally sentenced the courier company to responsibility.

On November 5, 2018, when Xiao Song drove an electric car, the front of the car and the courier Xiao Zang's non -signless electric tricycle collided, causing traffic accidents. Xiao Song was injured after being hit, and both cars were damaged to varying degrees. According to the identification of the traffic police department, Xiao Song was responsible for the accident, and Xiao Zang was responsible for the secondary responsibility. Xiao Zang advocated that he was an employee of the Teng Express Company, and was sending fast pieces to Tengmou when the accident occurred. As a result, Xiao Song filed a lawsuit to the court and asked Xiao Zang and Teng's company to compensate for the loss.

The court of first instance tried that Xiao Song lost about 170,000 yuan due to the accident. According to the proportion of liability, Xiao Zang shall bear 40%of the liability for compensation, that is, about 68,000 yuan. Because Xiao Zang was an employee of Teng, the accident was sending parts for Teng's company at the time of the accident. However, Tengmou believes that Xiao Zang is not an employee of the company, and he should not be liable for compensation and appealed.

The Dongguan Intermediate People's Court confirmed the facts of the first instance court, and found that at the time of the accident, Tengmou enjoyed the franchise right of Yuanmou company in Dongguan Dongcheng. The operating rights are contracted to Xiao Feng, and Xiao Zang is responsible for sorting and assigning parts.

The second instance of Dongguan Intermediate People's Court believes that from the relationship between Feng Feng and Xiao Zang, Xiao Zang's work is managed by Xiao Feng, and the two should be identified as an employment relationship. The legal relationship between Xiao Feng and Teng's company belongs to the company's internal contracting and contracted nature. The contractor conducts business activities in the name of the company's contracting company. In the end, the Dongguan Intermediate People's Court rejected the appeal and maintained the original judgment.

The judge told reporters that when a traffic accident caused by a traffic accident caused by a courier to cause damage to others, according to the principle of employment liability, the franchisee (franchise company) should be liable for compensation, and the internal contractor shall not bear the liability for foreign compensation.

The court called for to avoid the risk of the main body, companies engaged in express delivery business and individuals should purchase relevant insurance to respond to traffic accidents that may occur during the process. At the same time, the courier should establish a sense of safety and civilized driving awareness. Express logistics companies should also consciously bear social responsibility, constantly standardize and improve distribution services, and avoid more traffic safety accidents.

Source | Yangcheng Evening News

Editor -in -law | Xu Jing

- END -