parent from liability under the Dangerous Instrumentality Doctrine.
accompanying text regarding Dangerous Instrumentality Doctrine.
1920) (adopting the Dangerous Instrumentality Doctrine).
Florida's dangerous instrumentality doctrine imposes strict
If a big corporation knowingly produces and sells a substance or machine that it knows to be terrifyingly dangerous, and it knows that it can only be sued for $100,000, it goes on selling the dangerous instrumentality
, paying the $100,000 as part of the cost of doing business.
The only true exception arises when a parent negligently entrusts a dangerous instrumentality
to a child.
This article explores Florida's dangerous instrumentality doctrine, vicarious liability, and federal preemption of the regulation of commercial motor vehicles.
Vicarious liability for the negligence of a professional driver is determined by Florida's dangerous instrumentality doctrine, which provides that the owner of an inherently dangerous tool is liable for any injuries caused by that tool's operation.
In recognition of this, the Florida Supreme Court created an exception to the dangerous instrumentality doctrine for long-term leases.
Appellate Judge Anthony Kline wrote, "Fundamental fairness requires that those who create and profit from commerce in a potentially dangerous instrumentality
should be liable for conduct that unreasonably increases the risk of injury above and beyond that necessarily presented by their enterprise.
For almost as long as there have been automobiles, Florida has held owners of vehicles involved in accidents liable under its dangerous instrumentality