CIVIL LIABILITY OF SHARING ECONOMY OPERATORS: OPPORTUNITIES AND CHALLENGES FOR THE APPLICATION OF TORT LIABILITY

The sharing economy platforms, such as Uber, Bolt, and Airbnb, often limit liability by claiming intermediary status between service providers and users. However, in Lithuania and other jurisdictions, such limitations may be invalid if they attempt to disclaim liability for gross negligence or intent. The study explores challenges in applying tort liability to these platforms, focusing on the nature of platform-provider relationships and vicarious liability under employment or control frameworks. Using comparative and systematic analysis methods, the article identifies gaps in regulation and proposes solutions such as “respondeat superior” and independent contractor liability theories. Legislative recommendations include prohibiting excessive liability disclaimers, defining criteria for employment and contractor relationships, and promoting stricter provider oversight.

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Publication Details

Journal
Management Theory and Studies for Rural Business and Infrastructure Development
Published
2025-03-28
DOI
https://doi.org/10.15544/mts.2025.06
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
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article

CIVIL LIABILITY OF SHARING ECONOMY OPERATORS: OPPORTUNITIES AND CHALLENGES FOR THE APPLICATION OF TORT LIABILITY

Eglė Brinkman
Management Theory and Studies for Rural Business and Infrastructure Development
European and International Contract Law
article

CIVIL LIABILITY OF SHARING ECONOMY OPERATORS: OPPORTUNITIES AND CHALLENGES FOR THE APPLICATION OF TORT LIABILITY

Eglė Brinkman
article en

Abstract

The sharing economy platforms, such as Uber, Bolt, and Airbnb, often limit liability by claiming intermediary status between service providers and users. However, in Lithuania and other jurisdictions, such limitations may be invalid if they attempt to disclaim liability for gross negligence or intent. The study explores challenges in applying tort liability to these platforms, focusing on the nature of platform-provider relationships and vicarious liability under employment or control frameworks. Using comparative and systematic analysis methods, the article identifies gaps in regulation and proposes solutions such as “respondeat superior” and independent contractor liability theories. Legislative recommendations include prohibiting excessive liability disclaimers, defining criteria for employment and contractor relationships, and promoting stricter provider oversight.

Management Theory and Studies for Rural Business and Infrastructure DevelopmentVol. 47(1)
Vytautas Magnus University (LT)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
European and International Contract Law
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