If you loan your car to a friend, you can be financially responsible for injuries caused by your friend’s negligence. That is because Florida recognizes the “dangerous instrumentality doctrine” which holds that the owner of a dangerous instrument can be vicariously liable for injuries caused by the negligent use of that instrument.
Originally items such as explosives, locomotives, and loaded firearms were deemed “dangerous instruments”. In 1920, the Florida Supreme Court deemed an automobile to be a dangerous instrument. Thus, the owner of a vehicle can be held financial responsible for that vehicle’s negligent use.
In order to be held responsible, the owner of the vehicle must give authority to another to operate the owner’s vehicle, by either express or implied consent. There are exceptions to the dangerous instrumentality doctrine, which include:
- Your vehicle is stolen.
The dangerous instrumentality doctrine only applies if the owner consents to the use of his/her vehicle. If the operator’s use of your vehicle amounts to conversion or theft the owner is not liable.
Susco Car Rental System of Florida v. Leonard , 112 So.2d 832 (Fla. 1959)
- Your vehicle at the repair shop – “Shop Rule”.
When the owner places his/her automobile in the custody of a repair shop for repairs, and has no knowledge or control over the operation of the vehicle during that time, he/she is not liable to a third person for injuries caused by the negligent operation of the vehicle by a repairman.
Castillo v. Bickley , 363 So.2d 792 (Fla. 1978)
- Your vehicle is driven by a valet.
This scenario is covered under the above “shop rule.”
Fahey v. Faftery , 353 So.2d 903 (Fla. 4 th DCA 1977)
- You sell your vehicle.
To be liable for the negligent use of a vehicle, you must have ownership in that vehicle. When one sells a vehicle to another, he/she may retain naked title without any beneficial ownership of the vehicle. Legal title may not transfer until the buyer completes necessary paperwork. An individual who complies with the statutory requirements of the conditional sales statute may be exempt from vicarious liability, even though he/she retains legal title to the vehicle.
Aurbach v. Gallina , 753 So.3d 60 (Fla. 2000)
Liability Caps
Under section Florida Statute §324.021(9)(b)(3), the owner of a vehicle is liable “only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage. But if your friend – or the “permissive driver” – has no insurance or has insurance with limits less than $500,000 bodily injury/property damage liability, you could be financially responsible for another $500,000 in economic damages.
Will my insurance cover my financial responsibility?
