Are Golf Cart Owners Liable If Someone Causes Injury While Borrowing Their Vehicle?

If you loan your car to another individual who causes an accident, you are liable for whatever injuries they cause. But what about your golf cart?

Recently, a Miami-Dade County trial court awarded over $50 million in damages to a 12-year-old passenger who sustained catastrophic brain injuries in a personal injury lawsuit. According to the lawsuit, the 12-year-old was thrown from the golf cart while it was negligently driven by the 16-year-old driver. The golf cart’s owner was the driver’s step-uncle. The step-uncle authorized the 16-year-old to drive the golf cart and, on July 4, 2016, the boy drove the step-uncle’s son and three other children, including the victim, in the neighborhood where they resided. While operating the golf cart, the driver failed to stop at a stop sign which caused the cart to be struck by an automobile and roll over onto one side. Everyone in the golf cart was injured, but the 12-year-old boy had the most severe injuries.

His parents filed a personal injury lawsuit against the step-uncle as the individual who was “in possession and control” of the golf cart and the 16-year-old as the driver.

Following a bench trial, the court concluded that the step-uncle was the owner of the golf cart and owed the victim and his parents a duty of reasonable care to entrust the golf cart to someone who would use it safely. The step-uncle was accused of breaching his duty of care and was negligent for entrusting the golf cart to a 16-year-old who operated the golf cart negligently.

The court awarded the 12-year-old victim $23,051,632 for his past and future economic damages and another $23,051,632 for noneconomic damages including pain and suffering. Each of his parents was awarded $2 million for loss of consortium bringing the grand total to over $50 million.

GEICO denies liability 

Before the trial took place, the 16-year-old entered into an $18 million consent judgment with the parents of the victim. She was covered under her parents’ GEICO General Insurance Company liability insurance policy for bodily injury and property damage arising from the use of a “non-owned auto.”

GEICO filed a separate action seeking a ruling that the insurance policy it issued to the driver’s parents did not cover the golf cart incident. GEICO argued that it was not required to defend or indemnify the driver or her parents for the accident because the golf cart did not meet the definition of a “private passenger auto.” The district court granted GEICO’s motion for summary judgment. The parents appealed the decision before the 11th Circuit. The 11th Circuit determined that the golf cart was covered under the GEICO policy and reversed the district court’s summary judgment order, remanding the case for further proceedings.

Talk to a Jacksonville, FL Personal Injury Lawyer Today 

The Jacksonville personal injury lawyers at Gillette Law represent the interests of plaintiffs in personal injury lawsuits filed against negligent defendants. Call our office today to schedule an appointment, and we can begin investigating your case right away.

Source:

floridabar.org/the-florida-bar-journal/florida-golf-cart-owners-should-beware-of-huge-potential-liability/