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The High Court in Hong Kong has ruled against Foodpanda, ordering the delivery platform to pay more than HK$1.3 million (US$167,000) in compensation to a rider injured during a tropical storm in 2020. The judgment highlighted the company’s failure to ensure worker safety during extreme weather conditions.
Deputy Judge Andrew Li Shu-yuk ruled in favor of 53-year-old Farooq Ahmed Khan, who worked as a Foodpanda rider using his own motorcycle. The court found the company exposed him to unnecessary risks by not implementing a safe working protocol.
The accident happened on August 18, 2020, when Khan was riding home at around 11pm after completing three orders. A strong gust of wind knocked him off his motorcycle after the No 8 typhoon signal had been issued, a warning Khan said he was unaware of. He sustained injuries to his back, right knee, and fingers, was granted 785 days of medical leave, and later reported depression and recurring nightmares.
Foodpanda’s parent company, Berlin-based Delivery Hero, argued that riders had been warned of worsening weather and were free to continue at their own risk. However, the judge dismissed this defense as “totally disingenuous,” stressing that riders were pressured to keep working since their earnings and performance ratings depended on completed orders.
Court Holds Foodpanda Liable Despite Rider’s Negligence
While the court noted Khan bore some responsibility for ignoring weather alerts and exaggerating his impairments, it ruled that Foodpanda could not escape liability for forcing workers to finish pending orders even after the T8 signal was raised.
The defense also claimed it was unable to stop order acceptance immediately, saying it would take “a few hours” to shut down its automated system from Germany. Judge Li rejected this explanation, saying the company could not justify exposing workers to danger under typhoon conditions.
The court initially assessed damages at HK$2.7 million for pain, suffering, medical expenses, and loss of earnings, but reduced the award by 20 percent due to Khan’s negligence. After subtracting nearly HK$818,000 already received under the Employees’ Compensation Ordinance, Foodpanda must pay the rider an additional HK$1.34 million.
