When goods are delivered to a consumer’s home, that consumer is owed a duty of care. If any damage is caused to the property, for example the flooring or walls, whilst delivering the goods, the consumer may claim compensation for their loss in order to put the damage right. The consumer should mitigate their loss when claiming compensation, and if possible highlight the damage as early as possible.
This can be inconvenient and frustrating to consumers and can also be costly for the business so here are some common issues and practical guidance to help businesses get it right first time.
The Legal Framework
Consumer Rights Act 2015 (CRA)
- The CRA requires that services (including delivery) are carried out with reasonable care and skill. If a delivery driver damages a consumer’s property, this may amount to a breach of that duty.
- Remedies can include repair or compensation for the damage.
b. Negligence
- A delivery company owes a duty of care to avoid causing damage to a customer’s property. If a driver’s actions fall below reasonable standards, and damage results, the company may be liable in negligence.
- This can apply whether the driver is employed directly or is a subcontractor.
c. Who is liable?
- If the driver is an employee, the retailer is usually vicariously liable for their actions during the course of employment.
- If the driver is a contractor, liability may still arise if:
- The retailer exercised significant control over the delivery process.
- The contractor was acting as the retailer’s representative to the consumer.
Burden of Proof
- The consumer generally bears the burden of proof to show:
- The damage occurred during delivery.
- It was caused by the delivery driver.
- Timing is crucial as damage reported immediately is easier to link to the delivery event.
- If the damage is linked to defective goods (rather than handling), within the first 6 months the burden may shift to the retailer to prove there was no fault at delivery.
Time Limits
- Legally, a consumer has up to 6 years in England & Wales (5 years in Scotland) to bring a claim in contract or negligence.
- Some retailers set shorter internal reporting windows (e.g., 24–72 hours), however it is important to note that these cannot override statutory rights. That said, consumers can be made aware that late reports make it harder to resolve and prove causation and quick reporting and thorough investigation benefit both sides.
Evidence & Investigation
Retailers should have a clear process to:
- Take photos before/after delivery.
- Document delivery routes and driver notes.
- Encourage consumers to provide:
- Photos of the damage.
- Information about the timing of the discovery. Processes should include a mechanism to remind consumers about their obligations to check goods and property so that they can inform the retailer if there is likely to be a delay, for example because they are going on holiday.
Disclaimers
- A retailer may ask a consumer to acknowledge delivery risks in cases like tight access routes. However disclaimers cannot exclude liability for negligence or under other statutory obligations, such those contained in the CRA.
Best Practice for Handling Complaints
- Respond promptly—acknowledge the complaint and explain the process.
- Investigate thoroughly—speak to the driver, review route notes, check delivery photos/CCTV.
- Be fair and consistent—if liability is clear, offer appropriate repair or compensation quickly.
- Record outcomes for future training and process improvements.
Disputes relating to delivery damage can be referred to the Furniture and Home Improvement Ombudsman (FHIO) who can assess the evidence provided by the parties. FHIO also provides training on all aspects of the consumer journey and can review retailer policies to ensure they are legally compliant and meet the requirements of best practice.
For more information, visit www.ombuds.group.
