Dangerous Instrumentality Rule

Car Accident Attorneys Serving Residents of Miami

Loaning a vehicle to a child home from college, a friend in need, or another individual is a commonplace occurrence. However, if a person lends a vehicle to a driver who then acts recklessly, causing injuries to someone else, they can be held liable for the harm caused under Florida’s dangerous instrumentality rule. If you have been injured in a collision involving a vehicle loaned to a careless driver, the Miami car accidents at the Law Offices of Robert Dixon can help you determine who may be at fault for your injuries. Our firm represents victims in Miami-Dade, Broward, and Palm Beach Counties, as well as elsewhere in South Florida, assisting them throughout all aspects of the legal process.

The Dangerous Instrumentality Doctrine in Florida

The dangerous instrumentality rule is a doctrine established under the common law, stating that an owner of an inherently dangerous object may be held accountable for the injuries resulting from the object’s use. The doctrine has been extended to classify motor vehicles as dangerous objects. Under the dangerous instrumentality rule, a vehicle’s owner may be held responsible for all of the damages sustained by a third party due to the negligent operation of a vehicle driven with the owner’s knowledge and consent.

As a result, an owner may be vicariously liable for the driver’s negligence. To receive compensation for injuries from either the driver or the vehicle’s owner, a victim must first prove negligence on the part of the driver. To show negligence, an injured victim must establish that:

  • He or she was owed a duty of reasonable care;
  • The duty was breached;
  • The breach caused the victim’s injuries; and
  • Damages resulted.

All Florida drivers have a duty of care to act as a reasonable and prudent driver would behave under similar circumstances. Accordingly, a driver who speeds or otherwise acts recklessly, causing an accident, may be held liable for the injuries that result. Under the dangerous instrumentality rule, the owner of the vehicle may be strictly liable for the damages incurred as well. To hold an owner vicariously liable, the person must have an identifiable property interest in the vehicle, which is usually shown by evidence of the legal title.

Determining who may be responsible following a car accident can be a complicated process. Consulting a knowledgeable personal injury attorney is helpful in making sure your legal rights are asserted.

Enlist a Miami Lawyer for Your Car Accident Case

If you have been injured in a collision involving a negligent driver, the Miami car accident attorneys at the Law Offices of Robert Dixon can help you determine which parties may be liable and which legal options are available to you. Our firm represents victims of all kinds of car accidents as well as other harmful events, and we are dedicated to advocating for the rights of victims. We also assist people in Miami, West Palm Beach, and other areas of South Florida. Call 877.499.4878 or contact us online to set up a free, no-obligation consultation with a motor vehicle collision attorney.

Client Reviews
"Thank you to Robert Dixon & Kristopher Torres for an amazing experience handling with my first injury lawsuit. Very much hassle-free and down to earth experience working with this law firm. I would definitely use them again! My case was settled and I am satisfied with the results! Glad to have them fighting on my behalf." Diamond Epps
"This firm goes out of there way to make sure all of your needs are met. They are wonderful and within a year, my settlement was reached. In addition, I never waited more than a couple hours for someone to get back with me. I highly suggest this firm." Melissa Ellis
"I had the pleasure of working with attorney Torres when I was involved in a car accident last year. He was always checking up on me, always making sure that I was getting the proper treatment that I needed. Whenever I called the office everyone was so nice and willing to help me. I'm glad he was my attorney and thank you for such a wonderful service from you and your firm." Natalie J.
"I'd like to say that the Law Office of Robert Dixon has been great to work with since the inception of my case back in 2016. Robert and team made me feel rest assured that patience would constitute a much larger settlement and that truly was the case. ... I highly recommend this law firm for anyone needing help from a very compassionate team of hard workers. Thanks again everyone for this positive experience as this was my first time ever dealing with the courts or a law firm...." Paul Carlson
"Jodie, Jennifer and the WHOLE Team are AWESOME! Everyone I have spoken to, have been very professional, patient and kind. The ladies take their time to ensure you understand everything that is happening every step of the way. Each time I would have a question, they were available via e-mail or a quick phone call." Nathalie Perez