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Can you afford to pay

$50M for Liability?

By Charles M. Tatelbaum, RVCA Legal Counsel

Do you know
why I pulled you
over today?

ur Rio Vista Civic Association publications and Florida has adopted what is known as the dangerous
communications have continuously reminded our instrumentality doctrine which imposes vicarious liability upon
Oneighbors as to the illegality of having a minor or the owner of a motor vehicle who voluntarily entrusts it to
unlicensed child drive a golf cart on the streets of our community. an individual whose negligent operation caused damage to
another. The Florida Supreme Court has ruled that a golf cart
To highlight the consequences of allowing such an activity, I
call your attention to a judgment that was recently entered in can be considered a motor vehicle.
the Circuit Court for Miami-Dade County against a family in Additionally, it is almost impossible to have insurance
the amount of $50 million as a result of injuries sustained by a coverage for such an accident and damages since virtually all
passenger in a golf cart when an unlicensed driver ran a stop insurance policies exclude coverage when a motor vehicle is
sign and collided with another vehicle. This occurred at a family being operated by an unlicensed driver.
event when an unlicensed minor was given permission by his For the safety of everyone within our community, the Rio
parents to take his cousins on a ride in the family’s golf cart Vista Civic Association Board urges all of our residents and
around the community. The impact from the accident created neighbors to curtail and eliminate the driving of golf carts by
permanent and severe brain and body damage to the cousin that minors within our community.
was ejected from the golf cart, and this led to the $50 million
judgment imposed upon the parents of the driver of the golf cart. Thank you for your cooperation!

20 rio vista civic associartion • www.riovistaonline.com

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