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HB775 abolished the Dangerous Instrumentality Doctrine. The Dangerous Instrumentality Doctrine held the owner of a vehicle, including rental car companies, liable for damages caused by their motor vehicles. Now, all rental car companies can rely on an unreasonable cap for damages.

The sweeping tort reform states that if the operator is uninsured or has less than $500,000 of combined limits for bodily injury and property damage, the lessor's liability is limited to an additional $500,000 for economic damages only. This means that in catastrophic injury cases, the injured party will have to look to the State of Florida and/or the Federal Government to pay for medical expenses and care. Currently this law is being challenged by a lawsuit brought by consumer groups and will probably end up in the Florida Supreme Court. This tort reform should be considered unconstitutional.

We will report to you in future Newsletters regarding the outcome of this most important litigation which affects the rights of all the citizens of the State of Florida.