Florida families and their auto insurers can rest a little easier after the state Supreme Court decided Thursday that a mom cannot be held vicariously liable for an accident caused by her son who had borrowed the family car.
In Bruce Emerson vs. Kyle Lambert, the court answered a certified question from the state’s 2nd District Court of Appeal. The appeal court had asked if, under the legal doctrine known as “dangerous instrumentality,” a second family member could be on the hook for millions of dollars if the true owner of the vehicle – the dad in this case – was already liable.
“There is no basis to contravene the financial liability regime in (Florida statute) section 324.021(9)(b) or to permit its evasion through ar