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Florida court decision relieves car rental companies from liability


Posted on Nov 29, 2008

A new Florida court decision released on November 26, 2008 determined that car rental companies are no longer responsible for accidents and injuries caused by the drivers of the cars they own.  The fourth district court of appeals of the state of Florida decided a Palm Beach case in which the injured victim of an accident tried to make Dollar Thrifty Car Rental agency legally responsible to pay for the damages he suffered as the result of the negligent renter and driver of a dollar thrifty car.  Florida law provides that the owner of any car is responsible for injuries and damages suffered if the driver of their car was at fault.  However, a new federal law passed in 2005, called the Graves Amendment, gave car rental agencies immunity from lawsuits for accidents caused by people who rented their cars for 1 year or less.  Although the court sided with the car rental agency they did request or certify the following question for review by the Florida supreme court: Does the Graves Amendment, 49 U.S.C. section 30106, preempt section 324.021(9)(b)(2), Florida Statutes(2007)?

To read this decision, check out the link below.

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