What Vicarious Liability Means
for Car Owners in the Tampa, Florida Area
Vicarious liability is a legal term
that means one person or entity can be held responsible
for damages caused by a separate person or entity. Examples
of vicarious liability might be an employer being held
responsible for what an employee does or a contractor
being held responsible for what a subcontractor does.
At first glance, you might not think
that vicarious liability laws apply to you. After all,
who will hold you responsible for something you didn't
do? If you own a vehicle in Florida, however, vicarious
liability laws affect you every time you let someone else
drive your vehicle. Whether your friend borrows your car
to go down the street in Tampa, or your teenager uses
your car to visit St Petersburg Beach, if the car borrower
causes an accident, you and your insurer can be held responsible
for property damages and injuries.
Another example of vicarious liability
involves being the parent of a child who is ready to get
his or her drivers license. Florida law requires a parent's
signature on learners permit and drivers license applications
for children under the age of 18. By signing these applications,
parents are agreeing to Florida statute 322.09, which
states:
"Any negligence or willful misconduct
of a minor under the age of 18 years when driving a motor
vehicle upon a highway shall be imputed to the person
who has signed the application of such minor for a permit
or license, which person shall be jointly and severally
liable with such minor for any damages caused by such
negligence or willful misconduct."
Therefore, by signing your child's learner's
permit or license, you can be held responsible for any
injuries and property damage your child causes while driving
your car or any other car for that matter. Tampa, Florida
area parents are often surprised to learn about this type
of vicarious liability; you may even hear parents laughingly
comment that they will never sign for their child's learner's
permit or drivers license if they are going to be held
vicariously liable for their kid's negligence behind the
wheel.
On the other side of the coin, if you
have been seriously injured by a negligent, reckless driver
in the greater Tampa, Florida area, vicarious liability
may provide you with a way to help pay for your losses.
Please contact Tampa car accident
lawyer Dale Appell, P.A. for an experienced, free
initial case review.
|