Amazon has built a vast and complex supply chain to deliver millions of packages to customers each day. With so many moving parts, accidents are inevitable. When they happen, determining liability can be tricky. This article examines some key liability considerations in Amazon’s Kansas supply chain.
The Challenges of Amazon’s Distributed Network
Unlike traditional retailers, Amazon doesn’t own the entire supply chain. They rely on independent contractors for delivery and logistics. This distributed network makes liability determination complex:
- Amazon Logistics handles last-mile delivery using contracted Flex drivers. These individuals use their own vehicles.
- Delivery Service Providers are contracted to perform deliveries. They hire drivers and lease vans branded with Amazon’s logo.
- Independent freight carriers and transportation brokers move packages between Amazon fulfillment centers.
With so many entities involved, assessing blame for accidents requires untangling a web of relationships between Amazon, contractors, and individual drivers.
Liability When Contractors Are Involved
Generally, a business is not liable for the actions of independent contractors. However, there are exceptions under the doctrines of vicarious liability and joint employment:
- Vicarious liability may apply if Amazon exerts substantial control over contractors. Things like requiring uniforms, monitoring delivery metrics, and controlling routing suggest sufficient control.
- Joint employment occurs when a company exerts significant control over a contractor’s workers. This can make the company liable for labor law violations and on-the-job accidents.
Amazon requires contractors to follow detailed rules governing driver hiring, pay, supervision, and other employment matters. Courts may rule this makes drivers de facto Amazon employees for liability purposes.
Assessing Driver vs. Company Negligence
Assessing whether the driver or company policies were negligent is key. If driver negligence clearly caused the accident, their employer would bear responsibility. However, if negligent company policies contributed, plaintiffs can argue Amazon should share liability. Relevant questions include:
- Was the driver properly trained? Sufficient training suggests the employer wasn’t negligent.
- Did delivery quotas or incentives encourage unsafe driving? Internal policies pressuring speedy deliveries could be negligent.
- Did the employer know the driver had a poor driving history? If so, negligent hiring and retention claims may apply.
- Was the van properly maintained? Lack of maintenance could signify company negligence.
Complex, But Not Impossible
Untangling liability across a vast logistics network is complex. However, diligent investigation and litigation can determine the relative negligence of drivers, contractors, and Amazon. Experienced attorneys know how to prove fault and ultimately hold the proper parties accountable.
If you or a loved one has been injured in an accident involving an Amazon driver, contact our expert attorneys for a free consultation. We have attorneys in 32 offices across 19 states, including Kansas, South Carolina, and Florida, with experience navigating Amazon’s supply chain structure to build strong injury claims. Don’t wait – you may be entitled to significant compensation if you were injured in an accident caused by an Amazon driver.
However, statutes of limitations apply, so contact us today on (888) 477-0597to get the ball rolling!