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Driver's Liability Arising Out of Ownership

In a cause of action for injuries to a child caused by a motor vehicle accident arising out of the ownership, maintenance, or use of the vehicle insured under a motor vehicle liability policy, it is necessary that there be some type of causal relationship between the insured vehicle and the accident. Florida courts have varied on what type of connection there should be between the use of the motor vehicle and the injury in question. However, the Florida Supreme Court has imposed a stricter standard, requiring that liability not extend to remote relations, and adopting the following limitations upon the insurer's liability:

  • The accident must arise out of the inherent nature of the automobile;

    The accident must arise within the natural territorial limits of an automobile;

    The actual use of the automobile must not have ended;

    The automobile itself must produce the injury, as opposed to merely contributing to cause the condition that produces the injury.

    For example, Florida courts have held that coverage exists in a case where a child died after ingesting drugs that were being stored in the motor vehicle of an insured pharmaceutical representative who was storing drugs in the car for work purposes.

    If your child is injured or killed by a motor vehicle, you need the knowledgeable and skilled Florida Child Injury law firm of Sharmin & Sharmin P.A. on your side. The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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