The law that allows accident victims to recover from the person who caused the accident that caused their injuries is called the law of negligence. While the laws of negligence are complex and can be very confusing, at its core, the law is designed to allow an accident victim to recover from any party whose negligence was a cause of the accident that ultimately resulted in harm to the plaintiff.
It goes without saying that the negligent driver who gets into an accident is responsible for the accident. But what about in a situation where a car owner lets another person drive the car and that person is negligent and gets into an accident? In this situation, the law generally allows the accident victim to name both the driver and the car’s owner in a suit for negligence. This legal doctrine is called the “dangerous instrumentality doctrine.”
A Recent Example: Roman v. Bogle
In a recent case in front of a Florida court of appeals, the dangerous instrumentality doctrine is discussed at some length. The facts of the case are as follows: Two people were killed in a car accident when the driver of the car ran a red light, colliding with a semi truck. The family of the passenger (Roman) filed suit against the owner of the car (Bogle) based on the dangerous instrumentality doctrine, although the owner was not even in the car at the time of the accident. Continue reading ›