Are Golf Carts “Dangerous Instrumentalities?”

Golf is a sport that can be played nearly year-round in Florida, given its (usually) mild weather and lack of snow in most areas. It is a relatively low-impact sport, given that competitors can ride from hole to hole – but this does not mean that injuries do not occur on the golf course. In fact, golf carts have been responsible for a significant number of injuries in Florida for many years – and liability is not always easy to determine.

A Fundamental Duty Of Care

Golf carts seem innocuous to most people, and when operated correctly, they are. But any vehicle with a motor has the potential to cause injury, particularly when driven by someone who perhaps should not be driving. However, most cases involving liability for this type of injury are decided a bit differently than those involving passenger vehicles like cars and trucks – because golf carts do not generally travel on commercial roads, liability is partially based on other laws.

That said, the fundamentals of these cases remain the same. As with a car or truck, the driver of a golf cart owes a duty of care toward both their passengers and the people using the golf course nearby. If their negligence or recklessness breaches that duty and causes injury to someone, with no other intervening cause of the injuries, the driver will be on the proverbial hook for any damages sustained. However, others may be as well.

Inherently Dangerous If Used Negligently

In most cases involving golf carts, the question of who was in control of the cart at the time of the accident will be a major factor in apportioning liability; by extension, the question of whether they had the right to operate the cart will matter as well. A recently settled Miami-Dade case involved a 16-year old causing an accident by ‘blowing through a stop sign’ and injuring four people. One victim, a 12-year old boy, sustained “catastrophic head injuries” – his parents brought suit against both the young driver and the person who gave her permission to drive the cart.

Part of this reasoning is found in Florida’s dangerous instrumentality doctrine. Golf carts were declared ‘dangerous instrumentalities’ as far back as 1984, which means that they are inherently dangerous if operated negligently. Knowing this, a person who owns one of these machines is required to exercise some discretion in terms of who they lend it to, or they may wind up liable for injuries they technically did not cause.

Contact An Orlando Personal Injury Attorney

Most golf outings are fun and free, with a good time had by all. However, a poorly driven cart can cause problems for everyone. If you have been involved in this type of accident, an Orlando personal injury attorney from Hornsby Law Group can help you assess your legal options, and hopefully provide some guidance about where to go from here. Call our office today to schedule a consultation.

Source:

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