Lawsuits From Injuries Involving Third-Party Delivery Services in Michigan
Third-party delivery services like DoorDash, Grubhub, Uber Eats, and others have become a staple of modern life. These services make ordering groceries, convenience items, and takeout from your favorite restaurants easier. You can even order cocktails, beer, and wine in many places. However, this convenience may lead to potential legal hazards. Injuries or damages related to these delivery services can spark lawsuits. Who is liable when injuries occur?
Food Poisoning or Contamination Claims
If you become ill after consuming contaminated food delivered by a third-party service, you may be able to bring a product liability or negligence claim. It can be challenging to determine who’s at fault in such cases. The restaurant may be liable for contaminating the food during preparation, while the delivery driver may have improperly stored or handled it. Food products may have been contaminated before they arrived at the restaurant.
Many food poisoning cases aren’t isolated events. For example, the E. coli outbreak linked to McDonald’s in fall 2024 affected at least 90 individuals, including 27 hospitalizations and one fatality. Finding the source of contaminated food claims can involve investigating many links in the supply chain. A skilled personal injury lawyer will work with public health authorities to identify the responsible parties and vigorously pursue product liability claims on your behalf.
Liability for Delivering Alcohol
Michigan law tightly regulates the distribution, sale, and delivery of alcohol. Delivery companies and drivers who deliver alcohol to residences must follow the Michigan Liquor Control Code’s licensing, insurance, and other requirements. Crucially, they must ensure that every purchaser and recipient is over 21. If a driver negligently delivers alcohol to a minor or otherwise violates the law, the driver and the company may be liable for damages.
Assault or Battery by a Delivery Driver
If a delivery driver harms someone intentionally, you should call the police immediately. Although the decision to pursue criminal charges lies with the prosecutor’s office, you may file a civil lawsuit for assault and battery to recover compensation for your damages. Sometimes, you can pursue claims against the delivery company and the individual driver. The company may be liable for negligent hiring or supervision, especially if the driver had a known history of violent behavior.
Property Damage Caused by a Delivery Driver
If a driver causes damage or injury while on your property (such as by knocking over a valuable item, injuring a pet, or backing into a mailbox or fence), you may have grounds to pursue a property damage or negligence claim. Filing a lawsuit allows you to seek compensation for repair or replacement costs if you can prove the driver’s negligence directly caused the damage.
Auto Accidents Involving Delivery Drivers
Michigan requires all drivers to carry personal injury protection (PIP) coverage as part of their auto insurance policies. If you are in a car accident, your own insurance covers your medical expenses and lost wages, regardless of who is at fault. However, if you suffer severe injuries, you may be able to pursue claims against the at-fault driver and the delivery company. Many delivery companies provide commercial insurance coverage for their drivers while on duty. Consult an experienced Michigan personal injury attorney to explore your options.
Premises Liability Claims
Under Michigan law, property owners must keep their premises safe for “invitees,” or people they allow on their property. If a delivery driver gets hurt slipping on an icy walkway, falling down broken stairs, or encountering a household pet, they may have a premises liability claim. Contact an attorney immediately if a delivery person (or anyone else) is injured on your property.
Does Workers’ Compensation Cover Injuries to Delivery Drivers?
Most drivers for third-party delivery services are independent contractors. Since workers’ compensation does not cover independent contractors, the company is usually not liable for any injuries drivers sustain while working. However, a driver may have a claim if they are injured because of the company’s negligence, such as through faulty instructions, failure to provide safety information, or knowingly assigning dangerous deliveries.
Talk to a Michigan Personal Injury Lawyer Today
Holding third-party delivery services accountable for injuries or other damages can be challenging. An experienced Michigan personal injury attorney can help you understand whether there may be legal grounds for compensation and your options for pursuing a claim.
