PASSENGERS’ SAFETY IN E-HAILING SERVICES: LEGAL ACCOUNTABILITY OF PLATFORMS FOR DRIVERS’ NEGLIGENCE

Abstract

The rapid expansion of Malaysia’s e-hailing sector, dominated by platforms such as Grab and Uber, has intensified legal debates surrounding accountability for drivers’ negligence and passengers’ safety. While these platforms provide essential transportation services, incidents involving drivers’ negligence often leave passengers struggling to seek redress against the platforms. The reason is because e-hailing platforms are not vicariously liable for their drivers’ negligence. Therefore, this article investigates the legal accountability of the platforms in cases involving drivers’ negligence, by focusing on the law of vicarious liability and the law in the Consumer Protection Act 1999 (CPA 1999) to assess whether these existing laws adequately protect passengers. Using a doctrinal legal research methodology, this study analyzes statutory provisions, case law, and comparative jurisdictions in the United Kingdom (UK) and New Zealand to evaluate the applicability of vicarious liability in negligence claims against e-hailing platforms. Findings indicate that Malaysia’s current legal system lacks clarity of the issue due to lack of laws that specifically highlighting the matter. The article argues that legislative reforms are urgently needed to redefine e-hailing platforms’ liability and to have a clear law on passengers’ protection. Proposed solutions include amending the Employment Act 1955 and the Consumer Protection Act to explicitly cover e-hailing services. By closing this gap, Malaysia can better balance the e-hailing industry growth with equitable protections for passengers.