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Civil Liability of Sharing Economy Operators: Opportunities and Challenges for the Application of Tort Liability

Author

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  • Brinkman Eglė

    (Head of Legal Department at Kaunas district municipality, PhD student in the field of Law at Vytautas Magnus University, Lithuania)

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.

Suggested Citation

  • Brinkman Eglė, 2025. "Civil Liability of Sharing Economy Operators: Opportunities and Challenges for the Application of Tort Liability," Management Theory and Studies for Rural Business and Infrastructure Development, Sciendo, vol. 47(1), pages 76-86.
  • Handle: RePEc:vrs:mtrbid:v:47:y:2025:i:1:p:76-86:n:1006
    DOI: 10.15544/mts.2025.06
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    More about this item

    Keywords

    platform economy; sharing economy; tort law; vicarious liability; respondeat superior;
    All these keywords.

    JEL classification:

    • D16 - Microeconomics - - Household Behavior - - - Collaborative Consumption
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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