Articles Tagged with Vicarious Liability

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shutterstock_144026209-200x300Summer break has ended here in Florida and schools are back in session. Consequently, there are an abundance of inexperienced teenaged drivers on the road. Many of these teenaged drivers are under 18 and driving their parents’ car. In 2015, there were 42,874 teenaged driver car crashes in Florida according to the Department of Highway Safety. At The Grife Law Firm, we have a wealth of experience representing people who have been seriously injured due to young, reckless drivers. Frequently, we are asked: Who can I hold responsible for the damages caused by a reckless teenaged driver?

Pursuant to Florida’s dangerous instrumentality doctrine, the owner of a vehicle is liable for damages caused by the negligence of permissive users. This doctrine was first recognized in the landmark 1920 case of Southern Cotton Oil Co. v. Anderson, wherein the Supreme Court of Florida held that, “[O]ne 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…” The rationale is that a motor vehicle is a potentially deadly piece of machinery that can cause serious harm, so the owner must bear some responsibility for damages caused by it. The hope is that the dangerous instrumentality doctrine will encourage vehicle owners to entrust only safe drivers to operate their cars. For purposes of our discussion, if a teenager drives in a reckless fashion and causes a car wreck, the owner of the at-fault vehicle will be held legally responsible for personal injury damages such as medical expenses, lost wages and pain and suffering.

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