Articles Posted in Third-Party Liability

When a Florida car accident is caused by someone who was working at the time of the accident, anyone injured as a result of the employee’s negligence may be able to pursue a claim against both the employee and the employer through the doctrine of vicarious liability. The doctrine of vicarious liability allows accident victims to hold one party liable for the negligent acts of another party, even if the employer was not alleged to be directly at fault for the plaintiff’s injuries.

In the case of employer liability, a Florida accident victim must be able to establish that the employee’s actions that are the basis of the plaintiff’s claim were:  1.) within the scope of their employment, and 2.) during the course of employment and to further a purpose or interest of the employer. If these elements are met, the plaintiff can name the at-fault party as well as their employer as defendants, regardless of whether the employer had any reason to know that the employee presented a danger to others.

Florida accident victims can also pursue a claim of primary negligence against an at-fault party’s employer based on the employer’s own negligence. Unlike claims alleging vicarious liability, these claims require the plaintiff to establish that an employer was somehow negligent. Examples of primary liability claims against an employer are negligent hiring and negligent retention claims. A recent case illustrates one way an accident victim can pursue a claim against an at-fault driver’s employer.

An important consideration in any Florida personal injury case is whether a plaintiff will be able to collect on a judgment if they are successful at trial. For example, the financial and emotional expense of taking a case to trial against a defendant who does not have sufficient assets to cover a judgment may not make sense. Thus, it is essential that Florida personal injury victims name all potentially liable parties.

In many cases, this means naming the employer of the at-fault party as a defendant. Generally speaking, employers have more substantial assets than employees, and they may also have higher-limit insurance policies making collecting on a judgment much less of a headache for a successful plaintiff.

In Florida, an employer may be liable for the negligent acts of an employee, even if the employer was not negligent in causing the accident. This is referred to as vicarious liability. Of course, employers cannot be named in every Florida personal injury accident. In Florida, to establish that an employer is liable for the negligent acts of an employee, the plaintiff must show that the at-fault employee was acting within the scope of his employment at the time of the accident and that he was “engaged in his master’s business.” A recent state appellate decision illustrates how courts view vicarious liability claims.

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Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because it elucidates the differences between two common claims that are often believed to be identical but are, in fact, different.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was riding a motorcycle when he was struck by a truck that made an improper left turn in front of the plaintiff. The plaintiff died as a result of the collision. The truck driver was later found to have been under the influence of a prescription narcotic that was banned by the Federal Motor Carrier Safety Regulations.

The plaintiff filed a multi-claim wrongful death case against the truck driver’s employer. The plaintiff claimed that the employer was liable for the truck driver’s negligence under the theory of vicarious liability. In addition, the plaintiff contended that the employer was liable under the doctrine of negligent entrustment.

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When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in the case and that when the court applies the law, the defendant is entitled to judgment as a matter of law.

Thus, to survive a defense motion for summary judgment, a Florida personal injury plaintiff must be able to establish a disputed issue of fact. In a recent personal injury case, the court discussed the plaintiff’s burden to present evidence creating an issue of fact, as opposed to merely calling into question the credibility of a witness’ testimony.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured in a car accident. The motorist who struck the plaintiff’s car (“the supervisor”) was on the phone at the time of the accident, speaking to a woman whom she supervises at work (“the employee”). The plaintiff filed a personal injury lawsuit against the supervisor’s employer, arguing that the employer was vicariously liable for the negligent acts of the supervisor.

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The recovery period following a serious Florida car accident is different for everyone, but it is not an easy time for anyone. Aside from the physical trauma and emotional disturbance caused by the accident, there are the mounting medical bills, the time away from work, and the headache of dealing with insurance companies. Given these issues, it is understandable and expected that most victims of a Florida car accident are quite vulnerable for some time after the accident.

Sadly, insurance companies and savvy defense attorneys often use this time of vulnerability to approach and pressure accident victims into discussing – and potentially settling – their case. It is common to see Florida accident victims sign away the rights to pursue their case for just pennies on the dollar.

Even when the settlement agreement is a fair one, Florida car accident victims should consult with a knowledgeable attorney about the agreement’s fine print. Some settlement agreements contain unexpected language or are phrased in very broad terms that could cause problems for the accident victim if they choose to pursue a claim against other parties. A case that arose recently serves as a warning and excellent example of why it is essential to carefully read and negotiate the terms of a settlement agreement.

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In many South Florida auto accident cases, there are actually several parties who can potentially be held responsible for a victim’s injuries. For example, if an employee causes an accident while on the job, both the employee as well as the employer can often be named in a subsequent personal injury lawsuit. The legal doctrine that allows this type of claim against a third party is called vicarious liability.As a general rule, under the theory of vicarious liability, when a driver causes an accident while using another person’s car, both the driver as well as the vehicle’s owner may be held liable to the accident victim for any injuries. This general rule stands true to the extent that the person driving the car had permission to use the vehicle, and their use of the vehicle did not exceed the permission given by the car’s owner. A recent Florida appellate court case involving an accident that was caused by a driver who took a car without the permission of the owner illustrates the outer bounds of vicarious liability.

The Facts of the Case

The plaintiff was riding his motorcycle when he was struck by another motorist. The car that struck the plaintiff was owned by a rental car agency and was rented to a woman who was not involved in the accident. There was contradicting evidence regarding how the driver obtained the keys to the car. The driver lived with the woman who rented the car, and he claimed that he took the keys off the kitchen counter. However, the woman claimed that she kept the keys in her locked room and never gave the driver permission to use the vehicle.

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