Statutory Cap Limiting Owner’s Liability for Damages Caused by a Permissive User is not a Valid Affirmative Defense
Submitted by Ryan Myerss on 01 Apr, 2022
Fla. Stat. §324.021(9)(b)3 is consistently cited by many defense lawyers as an Affirmative Defense in situations where the owner of a vehicle is sued with the permissive user under the Dangerous Instrumentality Doctrine. The Statute provides a cap on the owner’s liability for damages caused by the permissive user.
Fla. Stat. §324.021(9)(b)3 provides that:
The owner who is a natural person and loans a motor vehicle to any permissive user shall be liable for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage…
Many attorneys get excited to cite the statutory cap as an affirmative defense to let the other side know that their client is not responsible for any amount over the statutory cap. However, it is not meant to be cited as an affirmative defense.
Affirmative Defenses are broadly categorized as a valid excuse, or legal justification for the Defendant’s actions. As such, because the statutory cap contained in Fla. Stat. §324.021(9)(b)3 does not, in whole or in part, bar or void a cause of action, it is not to include it as an affirmative defense. See, Lynn v. Feldmeth, 849 So.2d 481 (Fla. 2d DCA 2003).
It is also important to note that the statutory cap in Fla. Stat. §324.021(9)(b)3 applies to natural persons and does not apply to companies. For instance if John Doe was driving a car owned by his company, “Doe’s Insurance Corp.,” but is not driving in the scope of his employment with the company, the company would not have the benefit of the statutory cap because it is not a “natural person.” See, Dearing v. General Motors Acceptance Corp., 758 So2d 1236 (Fla. 5th DCA 2000.
Therefore, if you plan on purchasing a vehicle and you wish to let others drive it, it is best to make yourself the registered owner of the car rather than your business so that you can reap the benefits of Fla. Stat. §324.021(9)(b)3.