Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can a DoorDash driver sue me if they were injured at my property in New York?
Yes. In New York, property owners owe a duty of reasonable care to delivery workers, including independent contractors like DoorDash drivers. If you failed to maintain safe conditions—such as an icy walkway, broken step, or poor lighting—and a driver was injured as a result, you can be held liable under NY premises liability law. The driver must file any lawsuit within three years of the injury under CPLR §214.
Does DoorDash’s independent contractor status prevent a driver from suing me?
No. DoorDash classifies its drivers as independent contractors rather than employees, which means DoorDash is generally not liable for driver injuries through workers’ compensation. However, that classification has no effect on your personal liability. If your negligence caused the driver’s injuries—whether in a car accident or on your property—the driver can bring a personal injury claim directly against you in New York civil court.
What if I was also injured in an accident with a DoorDash driver in NY?
New York follows a pure comparative negligence rule under CPLR §1411. If both you and the DoorDash driver share fault, each party’s recovery is reduced by their percentage of fault. You can still pursue a claim against the driver even if you were partly at fault. DoorDash also carries commercial auto liability coverage that may apply while a driver is actively on a delivery.
What steps should I take if a DoorDash driver threatens to sue me in New York?
Do not admit fault or make any statements about the incident beyond exchanging required information. Notify your homeowner’s or auto insurer immediately, as your policy may cover the claim. Preserve any evidence—photographs, security footage, maintenance records—and consult a New York personal injury attorney promptly. The three-year limitation period under CPLR §214 means the driver can file a claim for up to three years after the incident.