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

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

By: Eglė Brinkman  
Open Access
|Apr 2025

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.

DOI: https://doi.org/10.15544/mts.2025.06 | Journal eISSN: 2345-0355 | Journal ISSN: 1822-6760
Language: English
Page range: 76 - 86
Submitted on: Feb 3, 2025
Accepted on: Feb 18, 2025
Published on: Apr 4, 2025
Published by: Vytautas Magnus University, Institute of Foreign Language
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2025 Eglė Brinkman, published by Vytautas Magnus University, Institute of Foreign Language
This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 License.