What is vicarious liability and why is it so important to know about it when you are involved in a Palm Beach County car accident?

Vicarious liability in a west Palm beach car accident is a form of strict, secondary liability that arises under the common law doctrine of agency. For your purpose, just remember that it is a legal way of holding a third party (someone not involved in the accident) responsible that had the right, ability, or duty to control the activities of the violator. In Florida, the dangerous instrumentality doctrine imposes strict vicarious liability on a party with an identifiable property interest in a vehicle (i.e., ownership, bailment, rental, or lease) who entrusts that vehicle to an individual whose negligent operation causes damage to another. Aurbach v. Gallina, 753 So.2d 60 (Fla. 2000). Even if the party that caused the car accident was borrowing a friend's car, the friend can also be liable for the damages caused if the borrower acted negligently. More important to remember if you are involved in a car accident with someone operating an employee vehicle is that the employer can be on the hook just like the driver.

Generally, Florida courts refuse to enforce agreements or accept arguments that would limit the dangerous instrumentality doctrine. See Chase & Co. v. Benefield, 64 So.2d 922 (Fla. 1953) (when employer expressly entrusts employee with custody of vehicle during nonworking hours, dangerous instrumentality doctrine renders employer liable for employee's negligent use of vehicle, notwithstanding employer's express instructions to use vehicle only for work purposes); and also P & H Vehicle Rental & Leasing Corp. v. Garner, 416 So.2d 503 (Fla. 5th DCA 1982), disapproved on other grounds 443 So.2d 959 (lessor vicariously liable even if lessee drives while intoxicated, notwithstanding provision in lease agreement precluding lessor's liability if lessee does so). It is very important when you are involved in a West Palm Beach car accident that your attorney quickly identifies all parties that can be held vicariously liable. If you are involved in a Palm Beach County car accident and the other driver is a minor, the negligent or willful misconduct of a minor while operating a vehicle will be imputed to the parent or guardian who signed the minor's application for an instruction permit or driver's license. Aurbach.

Some exceptions to the dangerous instrumentality doctrine include:

"Shop rule"- basically an owner or lessee who takes a vehicle to a repair shop/cleaning service agency is ordinarily not liable for its negligent operation during servicing, service-related testing, or transport of the motor vehicle by the bailee. Michalek; Castillo v. Bickley, 363 So.2d 792 (Fla. 1978). However, this exception doesn't apply when the owner or lessee lets another transport the vehicle to the shop for service.
Conditional vendors- an owner who sells a vehicle but retains legal title as security for payment of the purchase price may be exempt from vicarious liability, provided requirements of the conditional sales statute, F.S. 319.22, are met. Aurbach; Palmer v. R.S. Evans, Jacksonville, Inc., 81 So.2d 635 (Fla. 1955).
Beneficial owners- By demonstrating an absence of beneficial ownership in the vehicle, such that the owner has "mere naked title." See Aurbach
Intentional use as a weapon- when the operator uses the vehicle in a weapon-like manner to intentionally inflict personal injury. Burch v. Sun State Ford, Inc., 864 So.2d 466 (Fla. 5th DCA 2004).
Conversion or theft- when the use of the vehicle amounts to a species of conversion or theft. Tribbitt v. Crown Contractors, Inc., 513 So.2d 1084 (Fla. 1st DCA 1987).
Long-term lessors- an owner who leases a vehicle to another under a lease of one year or longer, and who has complied with all of the requirements of F.S. 324.021(9)(b)1. Ady v. American Honda Finance Corp., 675 So.2d 577 (Fla. 1996).