Articles Posted in vicarious liability

Companies make billions of dollars leasing and renting motor vehicles. One might expect that with such profits would come a corresponding responsibility to compensate innocent people injured through the negligent operation of those vehicles. They don’t. The Florida Legislature once believed they should. It may still believe so, but its will has been overridden by…

Unless otherwise prohibited by law, the terms of a Florida motor vehicle insurance policy govern the rights and obligations of the parties—the insurance carrier and the insureds. Florida’s Dangerous Instrumentality Doctrine is a long-standing legal principle that makes the owner of a motor vehicle vicariously liable for injuries caused by someone else driving that vehicle…

Active tortfeasors become legally liable for engaging in negligent conduct. Passive tortfeasors become liable for the negligent conduct of active tortfeasors through the legal principle known as vicarious liability. Examples include owners of motor vehicles whose permissive drivers cause crashes and employers for the acts of their employees. Nowadays, active tortfeasors can be released from…

Under the legal doctrine of respondeat superior, employers can be held liable for the negligent or purposeful acts of their employees. See Valeo v. East Coast Furniture Co., 95 So. 3d 921, 925 (Fla. 4th DCA 2012) (holding negligence of employee imputed to employer when employee “committed the negligent act: (1) within the scope of…