What Jim and Karen Timmons' Liability Is under the Florida's Dangerous Instrumentality Doctrine

Friday, April 5, 2013, in the late afternoon, 18 Year old, Jennifer Timmons (“Jennifer”), was driving her parents Jim (“Jim”), and Karen (“Karen”) Timmons, car when, she struck Barry Cary’s (“Barry”), car killing him.
Karen and Jim purchased the car with their joint bank account as co-owners, to be used as a family car when they were still together. However, Karen and Jim were estranged at the time of the accident. Karen continued to pay all of the car’s up-keep after their separation, and she allowed Jennifer limited permission to use the car to go strictly to and from school and restricted Jennifer’s access otherwise.
Jim, the driver’s father, lives 130 miles north of where the driver and her mother reside in Daytona Beach, Florida. He was planning to sign over the ownership of the car to Karen but never got around to it.
The plaintiff is Mary Cary (“Mary”), the widow and Personal Representative of Barry’s estate. Mary is suing Jennifer, Karen, and Jim for the death of Barry, pursuant to Florida’s Dangerous Instrumentality Doctrine (“FDID”).
DISCUSSION
ORIGIN OF FLORIDA’S DANGEROUS INSTRUMENTALITY FDID
Founded by the court in 1920, in the case of, Anderson v. So. Southern Cotton Oil Co., 74 So. 975, (Fla. 1920). FDID imposes vicarious liability upon the owners of vehicles who permits another to use their vehicle. The FDID is unique to Florida, and it has interpreted court decisions for nearly a century.
As expressed in Southern Cotton Oil “one who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the...

... middle of paper ...

...does not live with the child nor can he control when or what the child does with the car, so Jim may be able to escape liability. Lastly while Jennifer may not be liable under FDID because she was not the legal owner of the car she only held beneficial ownership due to the fact she was allowed to use the car regularly. The FDID was designed to impose strict liability to the owners of a vehicle who lend their vehicles to others whom use it negligently. Consequently, she may be liable under Florida laws that holds a negligent driver liable for causing the death of another human being, through serving prison time and through set fines. Because, she has reached age of majority, and she was the person driving the car at the time of the accident. However, more information is needed to determine if Jenifer was negligently driving the car at the time the incident occurred.