Liability for Newspaper Delivery

Questioner

My son has started a paper route, and now I have a question about liability. The "NEWSPAPER DELIVERY AGREEMENT" states the following: Legal liability The delivery person is liable for any costs resulting from damage to the property of others. Question 1 Can the distribution agency legally state this? I called my insurance company and asked if my son was covered by third-party liability insurance while delivering the newspapers. The insurer stated that the distribution agency is responsible for any damage sustained during delivery, and that damage is not covered by third-party liability insurance. Question 2 Is what the insurer says correct? This concerns a "CONTRACT FOR NEWSPAPER DELIVERY" and not an employee.

Questioner

Yes, that's right. A client is or can be held liable for damage caused to a third party by a mistake made by the contractor within the scope of an assignment. But as soon as the latter makes a mistake, you'll see that insurers will try to pass the buck to the other party. Question 1) Yes, that is possible, but in an actual situation it would require adjustment or suspension.

Questioner

Thank you for the quick response. If I understand correctly, the distribution agency remains liable for the damage my son causes while delivering the newspapers, even though the "NEWSPAPERS DELIVERY AGREEMENT" states that the distribution agency is not liable? I will discuss this with the distribution agency, but I'm afraid they won't adjust the agreement.

Questioner

So there is no question of employment, but your son works as a self-employed person for a newspaper round? The client is in a risk zone. First, is your son a minor? Is he allowed to act as an entrepreneur? Have you approved this? I would notify the client that your child is not authorized to perform any non-salaried work. You can hold the client liable for their actions in advance. What does the client pay? Is this a minimum wage? Is there a salary, or do they send invoices? A self-employed person must comply with the rules for an independent business. If there's no evidence of this independence, it might still be an employment contract. Can they decide for themselves whether to engage someone else or to provide care? It sounds like a disguised employment contract. Does he pay taxes then? Is it actually a self-employed relationship or not? How can he conduct business without a Chamber of Commerce registration? How does the newspaper vendor account for his expenses? Does he have his ID and proof of identity? Sounds strange....

Questioner

Thank you for your response. At the time, I stated that my son was not liable for any damage he caused while delivering the newspaper. And if this condition was not removed, I would not be allowed to deliver the newspaper. The relevant paragraph was then removed from the agreement without objection. It seems the distributors know they're wrong, but are just trying to get by. Now my son works for a different distributor, and I've run into the same problem again. The paragraph about liability has been removed again. My son is not self-employed. The work is considered other work and is reported to the tax authorities by the distributor. The tax authorities do indeed consider delivering mail, newspapers, and advertising flyers as other work. https://www.belastingdienst.nl/wps/wcm/connect/nl/werk-en-inkomen/content/welke-bijverdiensten-moet-ik-aangeven