Question from a reader:
I work part-time delivering for a food chain, and I’m wondering if I would be held liable for damages if I were to break the store’s bike or get into an accident. I would appreciate your guidance on this matter. Thank you.

Considering Liability in Delivery Part-Time Work

I’ve taken your question seriously regarding your part-time delivery job
at a food chain. While delivery work can be very rewarding, it also comes with its share of accidents and troubles. It’s completely understandable to feel anxious about whether you would be held liable if an accident were to occur. In this article, I would like to explore this topic from a legal perspective.

Characteristics of Delivery Work

Delivery work has unique aspects compared to other part-time jobs. Since you use a bike or motorcycle to deliver products, you are exposed to various risks while on the move. There is a high possibility of unexpected troubles such as traffic accidents, property damage, or even personal injury accidents. Therefore, it is very important to understand your rights and responsibilities as a worker.

Basics of Liability

First, let’s establish some basic knowledge about liability. Liability refers to the responsibility to compensate for damages caused to others. Under Japanese civil law, if a perpetrator causes damage to another person intentionally or through negligence, they will be held liable for compensation. This includes not only damages directly caused by you but also damages related to your employer’s business.

Employer’s Responsibility and Worker’s Responsibility

In part-time jobs like delivery, the employer, in this case, the food chain, also bears a certain level of responsibility. This is referred to as “employer liability.” Specifically, if an employee causes an accident while performing their duties, the company that employs that worker has an obligation to compensate for the damages. For example, if you were to cause an accident while on duty, the employer would initially be held responsible. Of course, this is a general principle, and it may vary depending on specific cases. If you clearly caused the accident intentionally or if the accident occurred during personal use and not while on duty, you would be held liable for damages yourself.

What to Do If an Accident Occurs

If you were to have an accident while delivering, the first action you should take is to calmly handle the situation. If there are injuries to the other party or bystanders, make sure to call an ambulance and take appropriate measures. Next, it is crucial to thoroughly document the details of the accident. Take photos and gather contact information from witnesses. Don’t forget to report the incident to your company afterward. At this time, it is important to convey the facts accurately without lying. The company will determine liability based on your report.

Cases Where You May Be Held Liable

Now, let’s take a closer look at your concern about whether you could be held liable. Generally, if an accident occurs while you are performing your duties, the employer is often held responsible. However, under certain conditions, you may also be held liable. For instance, if you were clearly ignoring traffic laws or engaging in activities unrelated to your work, liability may shift to you. Additionally, if you intentionally caused the accident, employer liability may not apply. While this may be an extreme example, it’s worth keeping in mind.

The Importance of Insurance

I strongly recommend that you consider getting insurance while working in delivery. Many companies have workers’ compensation insurance or liability insurance to cover accidents during work hours, but it’s necessary to confirm the details with your company. Even if you are not covered by your employer, consider obtaining personal optional insurance. Having insurance can provide peace of mind in case of emergencies. It may cover medical expenses or compensation resulting from an accident, making it an important choice for risk management.

Conclusion

For you, working part-time in delivery, the issue of liability is very important and concerning. However, from a legal standpoint, in the case of an accident during work, it is generally the employer who bears the responsibility first. That said, depending on your actions, there is a possibility that you could be held liable, so caution is necessary. While avoiding accidents is the best course of action, it is essential to prepare for the unexpected. Responding calmly and following necessary procedures will help protect you. Above all, I hope you prioritize safe driving to prevent accidents from happening in the first place. Now, I hope you can find enjoyment in your work and have a fulfilling time. Legal matters can be complex, but let’s think through them together. I’m cheering for your success!