Chanfrau & Chanfrau

Florida's Dangerous Instrumentality Doctrine and Car Accidents

Dec 30, 2020 @ 01:23 PM — by Chanfrau & Chanfrau
Tagged with: Florida S Dangerous Instrumentality Doctrine Car Accidents Car Accident Lawyer

If a friend or relative borrows your vehicle, you may assume that they are legally responsible for any injuries or accidents that occur while they are behind the wheel. That may not be the case. Florida’s dangerous instrumentality doctrine could mean the car owner has some legal liability for another driver’s actions.

The car accident lawyers of Chanfrau & Chanfrau have worked on numerous auto collision cases in the Daytona Beach and Palm Coast, FL, area. Here, we’d like to consider the nature of the Dangerous Instrumentality Doctrine, and why it’s important to consider for car accident victims and their loved ones.

What Is the Dangerous Instrumentality Doctrine?

Florida’s Dangerous Instrumentality Doctrine states that the owner of an inherently dangerous tool can be held legally liable for injuries caused by the use of that tool.

Does the Dangerous Instrumentality Doctrine Apply to Motor Vehicles?

Yes. While it may seem uncommon to classify a car or truck as a tool, it is legally considered one, according to the 1920 Florida Supreme Court decision in Southern Cotton Oil v. Anderson.

Vehicle Owner Liability for Another Driver’s Actions

The Florida Supreme Court ruled that any person or company who owns a vehicle and gives permission to another person to drive that vehicle can be held legally liable for injuries and damage caused by said vehicle.

This is important to note for vehicle owners, especially since they are considered the ideal person to judge whether or not someone else should operate their property. When applied to companies, this assumes that the hiring practices of a company consider a driver’s safety and suitability as a commercial driver.

Express and Implied Permission

When allowing someone to use a vehicle you own, this can take the form of express or implied permission.

Exceptions to the Dangerous Instrumentality Doctrine

There are some exceptions to the Dangerous Instrumentality Doctrine. They are as follows:

How Our Law Firm Can Help Accident Victims

It’s important to hold negligent parties accountable in auto accidents, even vehicle owners who may not have been behind the wheel at the time. Our lawyers can consider the circumstances of your case and help you seek damages for your injuries, financial losses, and other hardships that were caused by the crash.

Speak with Our Car Accident Lawyers

If you would like to learn more about your legal options following an auto collision, we encourage you to contact Chanfrau & Chanfrau. You can schedule a legal consultation online or call our office in Daytona Beach at (386) 258-7313.