Dangerous Instrumentality Doctrine

506 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Halifax Paving, Inc. v. Scott & Jobalia Constr. Co., Inc.
  565 So. 2d 1346· Fla.· 1990-07-26 ·cited 43×
  The owner of a dangerous instrumentality, loaned and controlled by a borrowing employer, is shielded by worker's compensation immunity, making worker's compensation the exclusive remedy for an injured employee.
• Meister v. Fisher
  462 So. 2d 1071· Fla.· 1984-12-20 ·cited 43×
  The Florida Supreme Court held that golf carts operated on golf courses are included within the dangerous instrumentality doctrine, making owners vicariously liable for negligent operation by permittees. The Court rejected the Fourth District's refusal to extend the doctrine to g
• W. Union Tel. Co. v. Michel
  120 Fla. 511· Fla.· 1935-02-19 ·cited 43×
  Western Union sought review of a judgment for personal injuries against it, arising from an accident caused by its messenger boy Curtis Long while returning from lunch on his motorcycle. The Florida Supreme Court held that while Long's departure from work to go home for lunch con
• Kraemer v. Gen. Motors Acceptance Corp.
  556 So. 2d 431· Fla. 2d DCA· 1989-12-27 ·cited 42×
  A lessee's parent sought to hold a vehicle lessor liable under Florida's dangerous instrumentality doctrine for injuries caused by a stolen leased vehicle. The court affirmed summary judgment for the lessor, holding that the long-term lessee, not the record title-holding lessor,
• Am. Fire & Cas. Co. v. Blanton
  182 So. 2d 36· Fla. 1st DCA· 1966-01-25 ·cited 41×
  The court held that the insurer was contractually obligated to pay the minor's medical expenses under the Medical Payments Provision, as the use of the vehicle by the minor served the purpose of the original permittee, even if the operation was unauthorized.
• Aurbach v. Gallina
  721 So. 2d 756· Fla. 4th DCA· 1998-11-12 ·cited 40×
  In this personal injury case arising from an automobile accident, the Fourth District Court of Appeal reversed the trial court's denial of additur for the wife's loss of consortium claim where the jury awarded zero damages despite undisputed evidence of lost services, but affirme
• Kimbrough v. Rowe
  479 So. 2d 867· Fla. 5th DCA· 1985-12-19 ·cited 39×
  The trial court erred in denying the motion to dismiss for lack of in personam jurisdiction because the complaint failed to allege grounds for jurisdiction under Florida's Long Arm Statute and the defense was not waived.
• Stuyvesant Corp. v. Stahl
  62 So. 2d 18· Fla.· 1952-12-16 ·cited 39×
  A hotel guest injured by a vehicle driven by a man parking cars at the hotel sued the hotel owner. The Florida Supreme Court held the hotel liable despite the hotel's contention that the parking attendant was an independent contractor's employee, finding the attendant acted withi
• Kitchen v. K-Mart Corp.
  697 So. 2d 1200· Fla.· 1997-07-17 ·cited 38×
  The Florida Supreme Court held that a seller of a firearm can be held liable to a third party injured by the purchaser under common law negligence principles when the seller sells a firearm to a purchaser known to be intoxicated. The court adopted Section 390 of the Restatement (
• Gossett v. Chrysler Corp.
  359 F.2d 84· 6th Cir.· 1966-04-19 ·cited 38×
  A manufacturer is not liable for negligence in product design if the product was manufactured according to the design and functioned properly, absent evidence of a defect or failure to exercise reasonable care in adopting a safe plan.
• Hale v. Olvalene H. Adams
  117 So. 2d 524· Fla. 1st DCA· 1960-01-26 ·cited 38×
  The court held that an automobile owner may sue the driver operating the vehicle with the owner's consent for negligence, despite the doctrine that imputes the driver's negligence to the owner in third-party actions. The trial court erred in dismissing the owner's complaint for f
• Brien v. 18925 Collins Ave. Corp.
  233 So. 2d 847· Fla. 3d DCA· 1970-04-14 ·cited 37×
  A property owner is not vicariously liable for the negligent acts of an independent contractor's security guard, especially when the owner exercises no supervision or control over the guard.
• Grimm v. Prudence Mut. Cas. Co.
  243 So. 2d 140· Fla.· 1971-01-13 ·cited 36×
  This case involves a dispute over insurable interest in an automobile subject to a bank lien. The Florida Supreme Court reversed the District Court of Appeal's decision and held that Grimm, as the legal owner of the automobile despite owing more to the bank than the car's value,
• Boland v. Love
  222 F.2d 27· D.C. Cir.· 1955-03-17 ·cited 36×
  The court held that the owner of a car is not liable for the negligent operation of the vehicle by an employee who stole it and drove it off the premises without permission, even if the owner knew of the employee's prior criminal record.
• Frankel v. Fleming
  69 So. 2d 887· Fla.· 1954-01-08 ·cited 35×
  In this negligence case involving a car rental, the Florida Supreme Court held that the doctrine of dangerous instrumentality applies not only to vehicle owners but also to bailees who deliver possession to third parties. The court affirmed a judgment against Frankel, the bailee
• Brigette Rabideau and Monika F. Jennings v. State of Fla. & Oscar Sambrine
  409 So. 2d 1045· Fla.· 1982-01-28 ·cited 34×
  The Florida Supreme Court held that section 768.28's waiver of sovereign immunity does not make the state vicariously liable for injuries caused by a state employee operating a state vehicle outside the scope of employment under the dangerous instrumentality doctrine. The case in
• Anderson v. Linton
  178 F.2d 304· 7th Cir.· 1949-11-14 ·cited 34×
  The court held that the plaintiff's wrongful death claim was barred by the statute of limitations, but her personal injury claim was not.
• Adair v. THE Island Club
  225 So. 2d 541· Fla. 2d DCA· 1969-08-01 ·cited 33×
  Raymond Adair, a police officer injured by chlorine gas while assisting at The Island Club, appealed the dismissal of his negligence and warranty claims against the club, a chemical supplier, and a delivery company. The court affirmed the dismissal, holding that Adair remained a
• Morin v. Fla. Power & Light Co.
  963 So. 2d 258· Fla. 3d DCA· 2007-07-18 ·cited 32×
  Gary Morin sued Florida Power & Light (FPL) under Florida's Private Sector Whistleblower Act, alleging retaliation after he refused an unsafe work order at a nuclear power plant. The trial court dismissed the claim against FPL, and the appellate court affirmed, holding that FPL c
• AVIS Rent-A-Car Sys., Inc. v. Garmas
  440 So. 2d 1311· Fla. 3d DCA· 1983-10-25 ·cited 32×
  Avis Rent-A-Car appeals from a trial court order granting a new trial after a jury verdict in its favor in a personal injury case. The court affirms, holding that under Florida's dangerous instrumentality doctrine, a car rental company remains liable for injuries caused by a rent
• Allstate Ins. Co. v. Chastain
  251 So. 2d 354· Fla. 3d DCA· 1971-06-29 ·cited 32×
  A vehicle qualifies as an uninsured automobile under an uninsured motorist policy provision when the owner is uninsured, even if the operator carries liability insurance; policy ambiguity is resolved against the insurer and in favor of coverage.
• Larson v. Warren
  132 So. 2d 177· Fla.· 1961-07-26 ·cited 32×
  The Florida Supreme Court reversed two lower court decisions that had declared provisions of Florida's Driver's Financial Responsibility Act (Chapter 324) unconstitutional as violating due process. The Court held that the Act's license suspension provisions were valid exercises o
• St. Petersburg Coca-Cola Bottling Co. v. Cuccinello
  44 So. 2d 670· Fla.· 1950-02-07 ·cited 32×
  The Florida Supreme Court affirmed a judgment for personal injuries awarded to a minor struck by a Coca-Cola delivery truck. The court found sufficient evidence to support the jury's verdict on both negligence and trespass counts, rejecting the defendant's arguments regarding pro
• Christensen v. Bowen
  140 So. 3d 498· Fla.· 2014-04-10 ·cited 30×
  The Florida Supreme Court held that a person whose name appears on a vehicle's certificate of title as co-owner cannot avoid vicarious liability under the dangerous instrumentality doctrine by claiming subjective lack of intent to own the vehicle or lack of physical possession. T
• Gaylord J. Perry v. G.M.A.C. Leasing Corp.
  549 So. 2d 680· Fla. 2d DCA· 1989-07-21 ·cited 30×
  A statute exempting long-term lessors from owner liability under the dangerous instrumentality doctrine, provided certain insurance requirements are met, does not violate the right to access the courts.
• Jordan v. Kelson
  299 So. 2d 109· Fla. 4th DCA· 1974-07-26 ·cited 29×
  Vehicle owners challenged summary judgment in a lawsuit arising from a negligent accident caused by an auto repair shop employee driving their car. The appellate court reversed, holding that vehicle owners can be vicariously liable for accidents caused by anyone operating their v
• Emil Petitte v. Welch
  167 So. 2d 20· Fla. 3d DCA· 1964-09-01 ·cited 29×
  The court held that the complaint failed to state a cause of action against the owner because the automobile was not being operated by the owner's agent or servant.
• Brown v. Chapman
  304 F.2d 149· 9th Cir.· 1962-05-24 ·cited 29×
  The court held that under Hawaii law, privity is not required for a breach of implied warranty claim involving a dangerous instrumentality, and contributory negligence does not bar recovery for breach of warranty if it merely tests the warranty.
• Petroleum Carrier Corp. v. Robbins
  52 So. 2d 666· Fla.· 1951-04-06 ·cited 29×
  The Supreme Court of Florida reversed a jury verdict awarding damages to a widow whose husband was killed in a car accident. The court found that the husband's own negligence, including excessive speed and failure to brake, was the proximate cause of the accident, thus barring re
• Barth v. City of Miami
  146 Fla. 542· Fla.· 1941-04-08 ·cited 29×
  On rehearing, the Florida Supreme Court reversed its prior affirmance of a demurrer in a negligence action against the City of Miami for injuries caused by a negligently operated fire truck, holding that the plaintiff's declaration adequately pleaded negligence and municipal liab
• Scott & Jobalia Constr. Co., Inc. v. Halifax Paving, Inc.
  538 So. 2d 76· Fla. 5th DCA· 1989-02-02 ·cited 28×
  Halifax Paving sued Scott & Jobalia Construction for common law indemnity after paying a settlement to an injured employee (Grier) who was struck by a pipe that fell from Halifax's crane while being operated at Scott & Jobalia's direction. The court reversed the jury verdict for
• Stallworth v. Hospitality Rentals, Inc.
  515 So. 2d 413· Fla. 1st DCA· 1987-11-17 ·cited 28×
  A Florida resident injured in a Louisiana automobile accident sued a Florida car rental company for vicarious liability under Florida's dangerous instrumentality doctrine. The court reversed summary judgment for the defendant, holding that Florida law—not Louisiana law—governs th
• Guemes v. Biscayne Auto Rentals, Inc.
  414 So. 2d 216· Fla. 3d DCA· 1982-04-20 ·cited 28×
  This case addresses the interpretation of Florida's statutory requirements for shifting primary insurance responsibility from a vehicle lessor to a lessee. The court held that Biscayne Auto Rentals failed to comply with the statutory notice requirements in its lease agreement wit
• Gerardi v. Carlisle
  232 So. 2d 36· Fla. 1st DCA· 1969-12-30 ·cited 28×
  The Gerardi plaintiffs sued vehicle owner Bobby Polk and recovered a judgment, which Polk satisfied by depositing funds in the court registry without the plaintiffs' acceptance. The plaintiffs then sued the vehicle operator Elizabeth Carlisle for the same negligent operation. The
• FRY v. Robinson Printers, Inc.
  155 So. 2d 645· Fla. 2d DCA· 1963-07-12 ·cited 28×
  An owner leaving a car for service is not liable under the dangerous instrumentality doctrine for an employee's negligence causing injury to another employee.
• Ry. Express Agency, Inc. v. Brabham (two cases)
  62 So. 2d 713· Fla.· 1952-12-02 ·cited 28×
  A railway express truck ran over a cardboard box in which two young boys were playing, killing one child and injuring another. The Florida Supreme Court affirmed judgments against the Railway Express Agency in the personal injury cases while reversing the trial court's grant of a
• ED Ricke & Sons, Inc. v. Green
  609 So. 2d 504· Fla.· 1992-10-22 ·cited 27×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision that estopped Ed Ricke & Sons from introducing evidence it did not install a defective water heater. The Court held that newly discovered evidence should be allowed in subsequent trials absent prejud
• Sunshine Dodge, Inc. v. Ingeborg M. Ketchem and Lisa Ketchem
  445 So. 2d 395· Fla. 5th DCA· 1984-02-16 ·cited 27×
  Sunshine Dodge, a car lessor, appealed a summary judgment requiring it to indemnify its lessee O'Bryan's and the lessee's permittee Davis for damages arising from a collision caused by Davis operating the leased vehicle in violation of lease terms. The Florida Fifth District Cour
• Ted M. Banks v. Mason
  132 So. 2d 219· Fla. 2d DCA· 1961-07-21 ·cited 27×
  In this negligence action arising from a child's drowning in a private swimming pool, the court affirmed dismissal of the complaint, holding that under Florida law, owners of artificial bodies of water are generally not liable for drowning deaths unless the pool constitutes a tra
• Tsuji v. Fleet
  366 So. 3d 1020· Fla.· 2023-06-29 ·cited 26×
  Section 733.710(1) bars claims filed more than two years after a decedent's death against the decedent's estate and personal representative, regardless of whether the plaintiff seeks recovery only from casualty insurance. The term "liable" in section 733.710(1) means legally resp
• Michalek v. Shumate
  524 So. 2d 426· Fla.· 1988-04-28 ·cited 26×
  The Florida Supreme Court held that an automobile owner remains liable for negligent operation of a vehicle during transport to a service agency, even though the owner is generally not liable for negligence by service workers during actual servicing. The Court clarified that the
• Hinton v. Iowa Nat'l Mut. Ins. Co. & Steve Dellinger
  317 So. 2d 832· Fla. 2d DCA· 1975-07-23 ·cited 26×
  Betty Hinton obtained a judgment against truck owner Ralph Quinlan in a personal injury case arising from an accident, then attempted to sue the truck driver Steve Dellinger and his insurer for the same accident. The Florida District Court of Appeal affirmed dismissal of the seco
• Martha Phillips et vir v. Hall
  297 So. 2d 136· Fla. 1st DCA· 1974-06-18 ·cited 26×
  A negligence plaintiff who recovered a judgment against an employer (Publix) for an employee's negligent act cannot subsequently sue the employee for the same negligence. The court held that a master-servant relationship is distinguishable from joint tort-feasorship, and where a
• The Hartford Accident & Indem. Co., Inc. v. Liberty Mut. Ins. Co., Inc.
  277 So. 2d 775· Fla.· 1973-04-18 ·cited 26×
  Hartford Accident and Indemnity Company and Liberty Mutual Insurance Co. disagreed over which company should be the primary insurer for damages arising from a tractor-trailer accident. The Florida Supreme Court held that both policies were primary because the excess clauses appli
• High Voltage Eng'g Corp. v. Pierce
  359 F.2d 33· 10th Cir.· 1966-03-29 ·cited 26×
  The court held that the trial court did not err in submitting the case to the jury, as the evidence did not conclusively show equal knowledge of the danger or adequate warning, and the exclusion of the AEC report was proper due to the appellant's failure to segregate admissible p
• Lily-Tulip CUP Corp. v. Bernstein
  181 So. 2d 641· Fla.· 1966-01-12 ·cited 26×
  The Florida Supreme Court affirmed a lower appellate court's decision, holding that privity of contract is not required for a consumer to sue a manufacturer for breach of implied warranty, even if the product is not dangerous or food.
• Switzer v. DYE
  177 So. 2d 539· Fla. 1st DCA· 1965-07-29 ·cited 26×
  The court held that a pier over water of varying depth, without concealed defects, does not constitute an attractive nuisance absent an unusual element of danger or trap.
• Hutchins v. Frank E. Campbell, Inc.
  123 So. 2d 273· Fla. 2d DCA· 1960-08-31 ·cited 26×
  Kay Hutchins sued Frank E. Campbell, Inc. as a cross-claimant for indemnification after her automobile was negligently driven by the company's employee while acting within the scope of his employment. The appellate court reversed the trial court's judgment, holding that the compa
• Rabon v. Automatic Fasteners, Inc.
  672 F.2d 1231· 5th Cir.· 1982-04-12 ·cited 25×
  The court held that under Florida law, a manufacturer/distributor held liable for negligently performing a nondelegable duty to warn users of a dangerous instrumentality may seek indemnity from an employer who breached its duty to facilitate that warning, even if the employer's b
• Eli Bordettsky v. The HERTZ Corp.
  171 So. 2d 174· Fla. 2d DCA· 1965-01-08 ·cited 25×
  The owner of a vehicle vicariously liable for a driver's negligence is generally entitled to indemnity from the driver, unless the rental agreement specifically provides insurance protection for the renter.