Dangerous Instrumentality: A
1920's Florida Doctrine that Could Leave You Responsible
for a Tampa Area Car Accident
In 1920, the state of Florida adopted
a legal doctrine, dangerous instrumentality, which enforces
liability upon vehicle owners who lend their vehicles
to someone whose irresponsible behavior causes damage
or injuries to someone else. Under this long-standing
doctrine, you as a vehicle owner have an obligation to
make sure that your vehicle is operated safely. Apparently,
Florida traffic injuries almost 100 years ago were frequent
enough to call for more accountability on the part of
vehicle owners. Considering the crowded highways of today's
roads, the dangerous instrumentality doctrine seems that
much more necessary.
Dangerous instrumentality is based on
the idea that, if you own a vehicle, you are responsible
for adding an element of risk to Florida roads when you
trust someone else to drive your car. Furthermore, whether
you loan your car to a coworker in Tampa or a neighbor
in Pasco County, dangerous instrumentality says you are
responsible for having enough money to pay for damages
caused by the negligent operation of your car. And, if
the worst case scenario does happen, you can bet that
anyone wrongly injured by the driver of your car will
hire a Tampa car accident lawyer
to pursue dangerous instrumentality damages from you and
your insurance company.
Interestingly, the dangerous instrumentality
doctrine is generally unique to the state of Florida.
Today, dangerous instrumentality is still successfully
applied to a number of cases. And, if you are a parent
in Florida, dangerous instrumentality takes on additional
significance in at least two different ways: (1) you are
responsible for your child's negligence if he or she drives
a car you own, and (2) Florida law holds you responsible
for your minor child's negligence behind the wheel when
you sign your under-18 child's application for a learners
permit or a drivers license.
The main lesson to learn with dangerous
instrumentality is that we all should be cautious, if
not reluctant, about lending our cars to others. As good
as the intentions of your friends might be, it only takes
a split second of negligent behavior for your friend to
cause a car accident with serious injuries. Instead of
loaning your car, you might consider alternatives such
as driving your friend yourself.
To find out more about dangerous instrumentality,
or to receive a free initial consultation about your case,
please contact our Tampa personal injury law firm by phone
or by filling out the form on our “Do I Have a Case?”
link.
|
