Understanding the legal liability of a Florida vehicle owner
Almost ninety years ago, the Florida Supreme Court adopted what is known as the "Dangerous Instrumentality Doctrine". This legal concept is still in effect today, and has significant consequences for a vehicle owner who may allow his or her vehicle to be driven by someone else.
Briefly stated, this law imposes liability upon the owner of a vehicle who, either by express or implied consent, authorizes another person to operate the vehicle. Therefore, if a friend asks to borrow your car and that friend causes an accident, you are generally liable for the injuries and property damage caused by the friend’s negligent operation of your vehicle. This concept also applies in parent / child situations where the parent owns a vehicle driven by his or her child.
As stated in the 1920 Florida Supreme Court decision of Southern Cotton Oil Company v. Anderson, "one who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the owner."
In later decisions, the Florida Supreme Court has upheld this doctrine, and justified its contunued viability by explaining that the dangerous instrumentality doctrine seeks to provide greater financial responsibility to pay for the carnage on our roads. It is premised upon the theory that the one who originates the danger by entrusting the automobile to another is in the best position to make certain that there will be adequate resources with which to pay the damages caused by its negligent operation. If Florida's traffic problems were sufficient to prompt its adoption in 1920, there is all the more reason for its application to today's high-speed travel upon crowded highways. The dangerous instrumentality doctrine is unique to Florida and has been applied with very few exceptions.
However, one notable variation of this rule exists with regard to the liability of rental car companines. The Florida legislature has passed laws that allow the rental car companies to limit their liability under the dangerous instrumentality doctrine. If you are injured by someone driving a rental car, it is important for you to understand how these laws will impact your ability to recover damages against the owner of the vehicle.
The bottom line for vehicle owners is that they need to be aware of their potential liability and resulting financial exposure base solely on their status as an owner of a vehicle. They need not be driving the vehicle in order to be exposed to liability; simply authorizing the use of the vehicle by a negligent driver is enough to expose the owner to risk. The next time a friend asks to borrow your car, you may want to think twice before saying "yes".
