In the digital age, on-line delivery and shopping have become an integral part of our daily lives, revolutionizing the way we shop and conduct business. However, as these powerful entities expand the scope of their services, controversies and legal disputes are bound to arise. One such area gaining attention is the potential for suing an online retailer or their delivery drivers for negligence and trespass.

These lawsuits typically arise when a delivery service driver is found in a person’s home or in a private area on their property. This is becoming more and more common as consumers are using these services more. For example, in October a delivery driver entered a home without permission and was stealing cash. These incidents can arise in several ways. The driver may just snoop around, the driver may take your personal property, or the driver may damage your property.

The issue then becomes who is responsible and whether there is any way to be compensated for the violation of your property rights and the fear from the invasion of your home and property.

In Oregon, civil remedies for trespass provide legal recourse for those whose property rights have been violated. Trespass occurs when someone unlawfully enters or remains on another person's property. The state's laws allow property owners to seek civil remedies, including injunctive relief, which can prevent the trespasser from continuing their actions. Additionally, property owners may pursue damages to compensate for any harm caused. Oregon's legal framework emphasizes the importance of protecting property rights, providing individuals with the means to address trespass and seek restitution through civil remedies.

Negligence may also be alleged. Negligence is a legal concept that arises when a party fails to exercise reasonable care, resulting in harm or damage to another party. One theory to recover from the online retailer or their delivery service partner is to allege a negligence tort. Usually in Oregon negligence arises from unreasonable conduct by the wrongdoer that results in foreseeable harm that causes injury. There are nuances in ensuring an online retailer or its delivery services such as the “course and scope of employment” issue, the “physical impact rule,” and “special relationships” that should be addressed.

There are also challenges in proving the case. To recover you are likely going to need to have saved the Order information and delivery information and any communications with the retailer or delivery service mentioning or referring to the incident. You are also going to need to have evidence to corroborate that the driver trespassed such as video camera footage, witnesses that are not related or do not know you, or a police report showing some corroborating evidence.

While negligence and trespass claims against On-line retailers and delivery service partner (DSPs) are theoretically possible, pursuing legal action against a tech giant presents significant challenges. Some user agreements often include arbitration clauses, diverting disputes away from the traditional court system. This can limit the options available to those seeking legal recourse.

Furthermore, some online retailers’ position as a platform connecting buyers and sellers can complicate matters. The company often contends that it is not directly responsible for the actions of third-party sellers or for the security of user data, which can create legal hurdles for plaintiffs.

Suing an online retailer for negligence and trespass requires a careful examination of the legal landscape and a thorough understanding of the specific circumstances surrounding the claim. If you or someone you know would like to pursue a claim against an online retailer for trespass in Oregon contact Ross Law PDX at 503.224.1658 to discuss your options.

Please remember this post is for informational purposes only. There are various factual or legal issues that may prevent you from pursuing a claim against an online retailer or their delivery service provider. Please also remember this is a simplified explanation of Oregon Law and there are many nuances that may make your situation different.