18 May 2022
Did the employer have vicarious liability for the negligence of one of its bicycle couriers? Which case won?
On 22 December 1994 as he was leaving a building in Sydney, a man stepped onto the footpath, was struck by a cyclist and knocked to the ground.
He sustained a knee injury and required surgery.
He also suffered a period where he was unfit for work and was left with a 25% permanent deficit in his knee.
The cyclist, who had gone over the handlebars of his bicycle in the collision, stood up, said: “Sorry mate” and left the scene.
His identity remains unknown. However, what is known is that he was wearing a uniform emblazoned with the name of a courier business.
