CIVIL LIABILITY OF SHARING ECONOMY OPERATORS: OPPORTUNITIES AND CHALLENGES FOR THE APPLICATION OF TORT LIABILITY

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.