Food Delivery Service Accidents
Common Issues with Food Delivery Services That Can Cause Personal Injuries
Colossal corporations, such as Uber Technology Inc and Postmates, have ventured into the world of food delivery. Modern technology has made it easy for customers to order food and have it delivered with a few clicks of a button and virtually no human interaction.
However, the seemingly safe realm of food delivery is actually a minefield full of unpredictable complications and surprising issues. Food delivery comes with a certain level of risk and exposes several parties to liabilities. West Coast Trial Lawyers understands food delivery laws in California and our personal injury lawyers can help you in case of an accident. Contact our food delivery lawyers for a free consultation.
Food safety is the main priority of many restaurants as it is the focal point of the business. Food safety becomes especially important if the restaurant delivers, as this adds potential dangers and risks. For example, a challenge for most restaurants is keeping the correct cold and hot temperatures for the food during delivery.
Temperature can dramatically change the quality of the food and even cause it to go bad. This is particularly dangerous, because spoiled or rotten food can make someone sick and even lead to food poisoning.
Proving negligence for improper food care can be difficult as the food must pass through several situations before it makes it to the customer. It is nearly impossible to know whether the food has been sitting out for too long at a restaurant or if it was too hot in the delivery car. With the introduction of third-party food delivery companies, such as UberEats and DoorDash, food liability only becomes more complicated.
Food tampering mainly applies to the driver. As reported in the media, there are many famous cases where a delivery driver has helped himself to someone’s food. Whether they’re sneaking a few french fries or devouring an entire meal, these actions are not only morally wrong, but can expose the customer to dangers, such as cross-contamination.
In fact, companies, like UberEats, are now encouraging restaurants to place their food in tamper-resistant packaging in order to prevent the temptation of stealing a french fry.
California law prohibits an individual from knowingly adding poison or harmful substance to any food or drink. This includes spitting in someone’s food, which is punishable for 2 to 5 years of jail time.
Company policies, such as food becoming free after a certain time period, encourage drivers to deliver the food as soon as possible. Unfortunately, for some people, this could mean speeding and other unsafe driving practices. Under AB5, the company may be held liable for negligent actions or any accidents that occur, even if the driver is driving their own car.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
West Coast Trial Lawyers Is Here to Help
If you have sustained injuries in the city of Los Angeles as a result of a food delivery accident, a personal injury attorney at our firm can help you recover compensation for your losses, which includes medical bills, property damage, lost wages, and pain and suffering.