Golf carts were designated as “dangerous instrumentalities” – the same as motor vehicles – in the 1984 Florida Supreme Court case of Meister v. Fisher. Because a dangerous instrumentality is deemed inherently dangerous, their owners can be found directly and/or vicariously liable when someone is hurt while operating it negligently. It doesn’t matter if the owner wasn’t the operator, so long as the operator had the owner’s permission.
That point was underscored in a recent Florida injury lawsuit that resulted in a multi-million dollar damage award.
The case in question was out of Miami-Dade County, where a 12-year-old boy suffered catastrophic and permanent injuries in a golf cart accident in 2016. A motor vehicle struck a golf cart full of minors at an intersection – but only after the golf cart operator, 16-years-old, blew past a stop sign. The golf cart flipped and the occupants – all under 18 – were ejected. Two were left in critical condition, including the plaintiff in this case.
Golf Cart Owner Ordered to Pay $50 Million for Florida Golf Cart Accident
The owner of the golf cart was the 16-year-old’s step-uncle. A trial court determined the golf cart owner authorized the teen to drive the golf cart around the neighborhood with the golf cart owner’s son and three other friends. One of those was the plaintiff.
After the accident, the boy’s parents sued both the operator of the golf cart and the owner in the case of Gonzalez v. Chiong. (The driver of the car was not negligent in this case, and therefore was not named as a defendant.)
Before trial, the driver of the golf cart/his parents entered into a consent judgement with the injured boy’s parents for $18 million. Attorneys for the golf cart driver asserted his operation of the golf cart was covered under his parents’ auto insurance policy, as it was a “non-owned auto.” The insurance company, of course, pushed back, arguing that the policy didn’t cover golf cart accidents because a golf cart “doesn’t meet the definition of a private passenger auto.” The trial court agreed with the insurer, granting them summary judgment, but that was later reversed by the 11th Judicial Circuit Court, which ruled the golf cart was covered under the auto insurance policy.
Trial proceeded against the owner of the golf cart proceeded, with plaintiffs arguing he owed the young passenger and his parents a duty of care, negligently breached that duty by entrusting the golf cart, and therefore should be liable for his injuries. The trial court sided with plaintiffs, ordering the golf cart owner to pay a total of $46 million in past and future economic and non-economic damages, and another $4 million to his parents for loss of consortium.
It’s important to note that while the court in this case found the golf cart owner directly negligent for entrusting the golf cart to his 16-year-old step-nephew, other courts have applied the dangerous instrumentality doctrine in Florida golf cart accident cases and found the golf cart owners vicariously liable. That means the court wouldn’t even need to find that the owner was negligent in handing over the keys to another. It would be sufficient to show they gave the operator permission, and that operator subsequently acted without care and caused someone else to get hurt.
Success in Golf Cart Injury Claims Hinges on Fault and Insurance Coverage
As a Fort Myers injury lawyer can explain, a person who suffers a Florida golf cart accident injury may have multiple avenues to pursue compensation, but it depends heavily on the circumstances. For example, if the driver of the car had been the one to ignore the stop sign in this case, that person could have been named a defendant as well. In situations where the motor vehicle driver isn’t negligent (or perhaps it was solely a golf cart crash), there may be two potential defendants: The owner of the golf cart and the driver (if the latter is different than the former).
In cases solely brought against a golf cart owner and/or operator, your Fort Myers injury lawyer will want to carefully examine not only the auto insurance policy of the driver, but also homeowners insurance, general liability, umbrella policies, excess risk policies, etc.
Bottom line for golf cart owners: It’s a good idea to limit who you allow to operate your golf cart. Be especially wary of allowing someone to operate your golf cart if they are not adults and/or licensed drivers with their own insurance policy. It would be wise also to verify that you have an insurance policy that covers bodily injury liability damage caused in the event of a golf cart accident, otherwise you could find your own assets seized to satisfy any judgment resulting from serious injuries.
If you have been injured in Fort Myers, Port Charlotte, Sarasota, Cape Coral, Naples, Key West, or anywhere in the state of Florida contact Garvin Injury Law at 800.977.7017 for a free consultation.
Additional Resources:
Florida Golf Cart Owners Should Beware of Huge Potential Liability, July/August 2024, By Barry Nelson and Cassandra S. Nelson, Florida Bar Journal
More Blog Entries:
Fort Myers Golf Cart Injury Lawyer Talks Liability in Florida Cases, Sept. 14, 2022, Fort Myers Injury Lawyer Blog