What’s the gig? Tort liability of platforms for physical user-to-user harm

This chapter explores the liability of digital platforms under tort and consumer law in common law jurisdictions for user-to-user harm in circumstances where the platform has facilitated physical interaction between users. Examples of such scenarios include personal injuries arising from an Uber ride, an Airbnb stay, and a Tinder date. The chapter explains the new paradigm of platform-mediated relationships between service providers and customers. In these tripartite relationships, platforms tend to have superior knowledge and, potentially, control of users. The chapter concludes that, in the absence of an employment relationship, vicarious liability may not satisfactorily address this new paradigm. The focus is therefore on primary liability of platforms. This includes liability for the platform’s own negligence in failing to properly select or monitor its service providers. The chapter also considers non-delegable duty of care and recent legislative initiatives to protect platform users. The jurisdictions covered are Australia, the UK, and Hong Kong, although references will also be made to European and US law where appropriate.