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vicarious liability, liable, negligence, employee, employer, contractor, independent contractor, cyclist, courier, injured, vicariously liable, skilled labour, labour
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. 

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