Could You Be Held Liable for Loaning Out Your Golf Cart?
According to a recent bench trial, the answer is yes. A Miami-Dade trial court awarded over $50 million in damages to a 12-year-old passenger who sustained catastrophic head injuries after he was thrown from a golf cart. The golf cart was being driven by a 16-year-old and the owner of the golf cart was the 16-year-old’s step-uncle. According to the lawsuit, the step-uncle authorized the 16-year-old to drive the golf cart and the 16-year-old drove the 12-year-old and three other children in their neighborhood.
While operating the golf cart, the 16-year-old failed to stop at a stop sign, which caused the vehicle to be struck by an automobile and roll over onto one side. The ensuing accident ejected and injured everyone inside the golf cart. The parents of the 12-year-old brought a personal injury lawsuit against the step-uncle and the 16-year-old driver. They alleged that the step-uncle was “in possession and control” of the golf cart and the 16-year-old negligently operated the golf cart.
During the bench trial, the court concluded that the step-uncle was the owner of the golf cart and that he owed the 12-year-old victim and his parents a duty of reasonable care. He breached this duty of care by negligently entrusting the golf cart to a 16-year-old driver, who negligently operated the golf cart, causing the crash that left the 12-year-old passenger with catastrophic injuries. The court awarded the plaintiff $23,051,632 for past and future economic damages and another $23,051,632 in noneconomic pain and suffering damages. Each of his parents was awarded $2 million for loss of consortium. That brought the grand total to over $50,000,000.
Liability as a golf cart owner
If this lawsuit proves anything, it’s that you should be very careful who you loan your golf cart to. The entire case addressed whether or not a golf cart owner is liable for injuries caused by someone to whom the golf cart was loaned. The court found that the defendant step-uncle owed the victim a duty of care and he breached that duty of care by negligently. When it comes to car accident lawsuits, the same rule applies. The owner of the vehicle is liable for damages when another individual to whom they loaned their vehicle to cause an accident.
In addition, the Supreme Court has held that a golf cart is a dangerous instrumentality. Dangerous Instrumentality doctrine imposes vicarious liability upon the owner of a motor vehicle who voluntarily entrusts that vehicle to an individual who is negligent in its operation. The court found that the 16-year-old driver was negligent. Hence, the owner of the vehicle was responsible for the victim’s injuries.
Talk to a Tampa, FL Personal Injury Lawyer Today
Florin Gray represents the interests of Tampa residents who have been injured due to the negligence of another party. Call our Tampa personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
floridabar.org/the-florida-bar-journal/florida-golf-cart-owners-should-beware-of-huge-potential-liability/
